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CONGREGATIONA 



h 



POLITY, USAGES AND LAW. 



1/ 

BY HON. WOODBURY DAVIS. 



FitoM THE Boston Ketiew fob July, 1865. 




BOSTON : 
PROPRIETORS OF BOSTON REVIEW, IL CORNHILL. 

NEW YORK : DEAN & FISK, NO. 11 ANN STREET. 
LONDON : TRuBNER AND CO. 

1865. 

Printed by A. A. Kingman, 11, Comhill. 



THE LIBRARY 
or CONORESS 



WASHINOTOir 









Entered, according to Act of Congress, in the year 1865, by 

WooDHtJRY Davis, 

In the Clerk's Office of the District Court of the District of Massachusetts. 



:i^^(^i^ 



CONTENTS. 



Page. 

I. Statement op the Subject 5 

II. The Law of Usage 6 

m. Nature and Fellowship of the Churches ... 10 

lY. Connection of Churches and Parishes . . . 23 

V. Ministers and Pastors 33 

VI. Ecclesiastical Councils . 45 



I. 



STATEISIENT OF THE SUBJECT. 

It is no part of our purpose, in what follo^v^s, to advocate or 
defend Congregationalism ; to prove that it is better or more 
scriptural than any other polity ; or to trace its general history 
in this country. We shall not attempt, therefore, to be profound 
or exhaustive. There are many questions connected with the 
subject which we do not propose to answer, for the reason that 
we do not claim to know what answer to give. 

Desiring to contribute something that may possibly be of 
value, for common use, in promoting the good order, harmony 
and fellowship of the churches, cur design is simply to state 
what the Congregational system is, and how it is regarded by 
judicial tribunals, which have the care of the civil rights and 
material interests of those connected with it. To do this, it 
will be necessary to define, as distinctly as possible, the qual- 
ities and powers and usages of the churches, and the relations 
which they sustain to parishes, to their pastors and to each 
other. From these relations certain reciprocal duties, rights 
and liabilities result, which have often been matters of contro- 
versy in courts of law. Hence it is, that, in its legal aspect, 
Congregationalism has become a well ordered and established 
system, as capable of being understood and maintained as those 
polities that are more hierarchical in their nature. 



II. 



THE LAW OF USAGE. 



The main object of the Pilgrims in. emigrating to this coun- 
try was to secure religious freedom. This gave character to 
whatever laws they enacted. And this principle has grown 
stronger, rather than weaker, down to the present day. There 
has been but little legislation directly applicable to the churches ; 
and that has been designed, not to interfere with them, but to 
protect them against any interference from the civil power. It 
is not to the statute books, therefore, that we are to look ex- 
clusively for the law on this subject. 

But the churches are not without law, because the civil power 
has, for the most part, let tlaem alone. They could not exist 
without law ; and so they have made their own laws. In doing 
this, they cannot violate civil law, nor inflict other than spiritual 
penalties. The necessity and limits of their power are well 
stated by Chief Justice Tilghman : " It is necessary that they 
should have laws, because, without rules and discipline, no 
body composed of numerous individuals can be governed. But 
this discipline is confined to spiritual aifairs. It operates on the 
mind and conscience, without pretending to temporal authority. 
No member can be fined or imprisoned. But, be he minister 
or layman, he may be admonished, reproved and finally ejected 
from the society." ^ 

Every local church may have its own code of by-laws, for 
the management of its own internal affairs. And these, with 
its customs and usages, will be recognized by courts of law, as 

1 Riddle v. Stevens, 2 S. & R. (Penn.) 537 ; Case of St. Mary's church, 7 ib. 556. 



binding upon the body and determining the rights of mem- 
bers. 

In those denominations in which the local churches are con- 
nected with some higher, general judicatory, like a synod or an 
assembly, the whole body of churches thus connected may have 
its written articles, or code of laws. In that case, these, with 
its usages and customs, will be recognized In determining their 
rights.^ 

As Congregationalism recognizes each local church as an 
ecclesiastical body complete in Itself, not subject to the control 
or supervision of any other tribunal, no general code of written 
laws has ever been adopted by the denomination. But as these 
separated and scattered churches are connected together in cer- 
tain relations of intercourse, communion and fellowship, these 
relations, not defined by any written law, have become defined 
by custom and usage. Such usage. In the language of Mr. 
Greenleaf, "Is unwritten law, established by common consent 
and uniform practice." Those who conform to it thereby recog- 
nize it as obligatory. This principle has always been applied 
in secular and civil affairs. It is no less applicable in ecclesias- 
tical matters. "A church," says Chief Justice Shaw, "is an 
institution of a public and solemn nature, generally understood ; 
and Its usages and courses of proceeding are well known, recog- 
nized and confirmed by law." ^ These usages, in New Eng- 
land, have for more than two hundred years been constantly 
recognized in courts of law in determining the mutual duties, 
relations, powers and rights of parishes and churches, and 
of their members, officers, ministers and pastors. 

It could not, indeed, be otherwise. No statute prescribes 

how a church meeting shall be called ; or who shall have the 

rlg-ht to vote In the manao^ement of its affairs. All these mat- 
es o 

ters must necessarily be determined by evidence of usage. ^ So 
when certain powers are given by law to "ordained" ministers, 
whether a minister has been ordained must be settled by the 
usages of the denomination to which he belongs.'* In fact, 

1 Dutch church v. Bradford, 8 Cow. (N. Y.) 457 ; State v. Crowell, 4 Halst. (N.J.) 
391. 

2 Weld V. May, 9 Cush. (Mass.) 181. 

3 Field V. Field, 9 Wend. (N. Y.) 394. 

4 Baldwin v. McClinch, 1 Greenl. (Me.) 102, 



8 



nearly all questions are left to be determined in this way, for 
the reason previously stated, that the civil power has carefully 
abstained from interfering with the churches. As was said 
by Chief Justice Shaw : " The statutes do not designate what 
constitutes a church ; or who are the deacons of a church ; or 
how they are to be chosen and qualified. All these inquiries 
are necessarily left to usage ; to the well known, established 
and recognized customs of the country, which render these 
terms intelligible and significant." ^ 

The fact that the Congregational churches have such a sys- 
tem of unwritten law, does not in the least impair their free- 
dom, nor violate the fundamental principles of the denomina- 
tion. For this law is not an arbitrary restriction imposed from 
without, but merely a rule of action emanating from within. 
No church is bound by it except on the ground of its own vol- 
untary assent. It is not required, or even solicited, to enter into 
fellowship with other churches. If it does so, it is because its 
members desire it. By entering into such fellowship, it adopts 
the usages of the denomination, and is bound by them. But it 
may withdraw from the fraternity at any time, and assume the 
prerogatives of independency. So that the law of usage is 
but a voluntary, self-imposed rule of action, in its beginning 
and duration, with no penalty for its violation except the denial 
of that fellowship which it is intended to maintain. 

No usage should be sustained which violates any good prin- 
ciple. Nor is there any danger of this. The law of usage, 
like other laws, changes with the progress of Christianity and 
civilization. It is not the arbitrary work of a day or a year; 
it is the product of many years or generations. It can not 
originate except by the concurrence of the best minds, for a 
long period of time. It is the freest and most flexible of all 
laws. The usages of the churches may therefore generally be 
presumed to be wise, expedient and productive of good. If 
otherwise in any particular, let them be changed in that respect. 
But so far as they are good, they ought to be maintained like 
other laws, though they may not secure absolute justice in every 
case. No system of laws, written, or unwritten, can do this, 
because it depends upon the imperfect judgments and opinions 

1 Parker v. May, 6 Cush. (Mass) 336. 



9 



of men for its administration. But If, for that reason, we 
should abandon all system and all law, either in civil or relig- 
ious aflairs, we should fall into inevitable disorder anarchy 
and ruin. 



III. 



THE CHURCHES. 

Congregationalism relates primarily to the churches. But 
churches usually have pastors ; and, in sustaining the public 
ministry, they are generally associated with congregations, re- 
ligious societies or parishes. There may, indeed, be a church 
without an organized parish ; as there may be such a parish 
without a church. But the two organizations generally co- 
exist ; united, though distinct ; each acting separately, in its 
own sphere, with its own terms of membership, some belonging 
to both, and some to one only. Therefore, though the general 
system of church polity had its origin In the churches, it em- 
braces the ministers and parishes connected with them. 

WHAT IS A CHURCH? 

A church has been defined, in gefneral terms, as " a society of 
persons who profess the Christian religion." ^ 

By Chancellor Walworth a church is said to be " an indefi- 
nite number of persons, of one or both sexes, who have made 
a public profession of religion, and who are associated together 
in a covenant of fellowship, for the purpose of celebrating the 
sacraments and watching over the spiritual welfare of each 
other." ' 

Referring to the New England churches. Chief Justice Shaw 
says : " A church is a body of persons, members of a Congre- 
gational or other religious society established for the promotion 
and support of public worship, which body is set apart from the 

1 1 Bouv. Law. Die. 227. 

2 Baptist church v. Witherell, 3 Paige, (N. Y.) 296. 



11 



rest of the society for peculiar religious observances, for the 
celebration of the Lord's Supper, and for mutual edification." * 

Any number of persons, professing faith in Christ and tak- 
ing his teachings as their rule of life, may associate themselves 
together and form a church. Such a body will be an inde- 
pendent church. For it can have a regular standing among 
other churches, in any sect of Christians, only by being organ- 
ized, or subsequently admitted, according to the usages of such 
denomination. 

All churches, whether independent or denominational, are 
equal before the law. Under a government recognizing the 
fullest principles of toleration, there is no interference of the 
civil power, except in regard to rights of property, and then 
only in controversies respecting such rights. The internal pol- 
icy of the churches and the administration of their spiritual 
concerns, are left entirely to them and to such ecclesiastical 
tribunals as they see fit to establish for themselves. 

Every church, upon its organization, usually adopts some 
name by which it is known in the community. And generally, 
though not always, it adopts some creed or written articles of 
faith. But no change of name or of faith will change the 
identity of the church.^ Some independent churches have no 
creed other than the Scriptures ; and, in some denominations, 
the articles of faith are determined by the whole body, and not 
by each church for itself. 

A CONGREGATIONAL CHURCH. 

Such a church has been defined as " a con o^re oration of Christ- 
ians, meeting in one place, united by a solemn covenant, with 
Christ for its only head, and deriving from him the right to 
choose its own officers, to observe the sacrament, to have public 
worship, and to discipline its own members." ^ 

The word "congregational," when thus used, does not desig- 
nate any association of churches belonging to any one denomi- 
nation. The congregation is not a flock of churches but a flock of 
members in one church, not subject to any external control, but 
having the right of self-government in all spiritual aflfairs. It 

1 Weld V. May, 9 Cush. (Mass.) 181. 

2 Trinity ch. v. Hall, 22 Conn. 125; Cahill v. Bigger, 8 B. Mon. (Ken.) 211. 

3 Euc. Rel. Knowledge. 



12 



distinguishes a church, not by its creed, but by its polity. It 
requires no doctrinal belief which is not common to all Christ- 
ians. It has been applied to Unitarian churches as well as 
to Calvinistic ; and they have been held capable of taking 
and holding property given or devised to " Congregational " 
churches.^ 

Nevertheless it is historically true, that for two centuries and 
more, amid whatever changes, the churches generally called 
" Congregational" have been Trinitarian. When churches were 
founded by the Baptists, or other denominations, though having 
the same polity, they were designated by the general name of 
the sect to which they belonged. The members of one denom- 
ination, and they only, were called Congregationaiists. And 
when that denomination was actually divided, and the schism 
was consummated, the Trinitarian churches still held the same 
name, while the others were called "Unitarian." During the 
period of transition it might have been otherwise ; and there are 
many Unitarian churches, especially in Massachusetts, that still 
retain the old name. But in other States, a Congregational 
church, as the term is now generally used and understood, is a 
church of the Calvinistic faith. 

So, according to the definition previously quoted, a Congre- 
gational church may be independent, managing its own affairs 
without interference, or even advice, from other churches, and 
having no intercourse with them. It is the right of every 
church to be thus independent ; or, rather, no other church, or 
body of churches, has any right to say that it shall not be so. 
The question whether it will be associated with other churches 
or not is one which each church decides for itself. And a 
church thus independent may be called Congregational. 

But such is not the common and popular sense of the word. 
Those churches that have always been called Congregational 
have not been thus independent. Even during the brief period 
of their being called "Independents," in the very beginning of 
our colonial history, the churches were associated together in 
various ways ; interchanging in ministry, membership and wor- 
ship ; consulting and advising each other in all weighty matters 
in which they had a common interest. And from that day to 

1 Abbott V. Dublin, 38 New Hamp. 459, 



13 



the present, the denomination has never been composed of so 
many separate, independent churches, having no relations to 
each other ; but of a community of churches, united in fellow- 
ship, having, to great extent, a common faith, and therefore 
each having an interest in the purity, good order, and 
standard of doctrine of the whole body. This has always been 
a fundamental principle, clearly distinguishing the system from 
Independency. And a Congregational church is therefore prop- 
erly understood to be one of this associated fraternity of 
churches. 

There is no special mode provided by law for calling a church 
meeting. A verbal notice, given at any previous business or 
religious meeting, is sufficient, unless some other mode has been 
fixed, by usage or otherwise. The pastor, or the deacons, 
may call a business meeting. It is not necessary, unless re- 
quired by the usage or the previous vote of the church, that 
public notice should be given of its object. In its secular af- 
fairs, according to usage, the business is done by the male mem- 
bers,^ though there is no legal obstacle to the existence of a 
church without any such members.^ And a majority of those 
present at any meeting properly called constitute a body com- 
petent to transact business.^ 

A church may be dissolved, in all its ecclesiastical relations, 
by a vote of its members, in any meeting properly called there- 
for. In such a case, it is the usual course to choose a commit- 
tee to give the several members letters that will enable them to 
unite with other churches. After the vote of dissolution, all 
the ecclesiastical powers of the church are vested in such com- 
mittee, and the church is extinct. And though the members 
may meet again, and reorganize, as a new church, the former 
church can not be revived. 

If a church which is thus dissolved is connected with an or- 
ganized parish, its property will belong to the new church, if 
any, which may be organized in connection with such parish. 
But if the church to be dissolved is not connected with a legal 
parish, all its property should be disposed of previously to disso- 

1 Parker v. May, 5 Cush. (Mass.) 336. 

2 Baker v. Fales, 16 Mass. 487. 

3 Field V. Field, 9 Wend. (N. Y.) 394. 



14 



lution. In this way only can difficulty be averted ; for the dis- 
solution of the church not only extinguishes its own powers, 
but the powers of its officers. And if a church and parish con- 
nected are both dissolved, the same course should be pursued. 

Though no church has any temporal authority, it has full 
power of discipline over its members.^ This involves the right 
to hear complaints, to take evidence, and to decide upon the 
question of guilt ; to administer punishment, upon conviction, 
by way of rebuke, censure, suspension, or excommunication ; 
and to have the sentence promulgated by the pastor before the 
whole congregation. The law protects all the parties in doing 
this." 

FELLOWSHIP OF THE CHURCHES. 

Fellowship implies association. This must be for some pur- 
pose. The objects sought have been various, and have there- 
fore given variety of form to the associations designed to attain 
them. And these forms have been abandoned, or changed, as 
the wisdom or experience of the churches has from time to time 
dictated. As our ancestors, when they came to this country, 
brought Congregationalism in the abstract, rather than in the 
concrete, we ought not to be surprised if we should find many 
changes in their customs, as the result of experience. The 
careful student, however, will be surprised that there have been 
so few. 

1. When adjacent churches began to increase in number, 
their pastors adopted the practice of exchanging with each other. 
This they did, not only to lighten the burden of their own la- 
bors and cares, but to gratify their people, by giving them an 
opportunity to be edified by the gifts of others. This soon be- 
came, as it still continues to be, one of the established usages 
of the churches, so that, whenever a pastor is settled over a 
church, the neighboring churches have an interest as direct, 
though diffisring in degree, as the particular church over which 
he is to be settled. So thoroughly did this custom of exchang- 
ing become incorporated into the Congregational system, that, 
if a minister was too restricted in his exchanges, he was con- 

1 Ancient Charters and Colony Laws, ch. 39, sec. 5. 

2 Farnsworth v. Storrs, 5 Cush. (Mass.) 412. 



15 



sidered subject to discipline, and liable to be dismissed.' And 
though it was finally settled that this, like most ministerial du- 
ties, must be left to the judgment and discretion of the minister 
himself, and a refusal to exchange is no good cause for dismis- 
sion,^ the usage Is still as general as It has ever been. It is 
one form of association and fellowship among the churches, 
having Its origin In the wants of both ministers and people, and 
tending to their mutual usefulness and edification. And though 
it Is not confined strictly to the denomination, but is, like other 
Christian courtesies, sometimes extended to ministers of other 
sects, this does not change its purpose or efiPect. 

2. Another mode of fellowship, probably as old as Christianity 
itself. Is by an interchange of members among the churches. 
This has been more frequent In this country, because people are 
more migratory In new countries than In old. A transfer of 
members from one society to another, on account of a change 
of residence, has always been common, in secular as well as In 
religious organizations. It Is not only the evidence of their 
fraternity, but the natural consequence of it. This practice has 
uniformly prevailed among the Congregational churches in this 
country. 

It is true, as was said by Thomas Hooker more than two 
hundred years ago, there Is no such thing as general member- 
ship. To be a member of one church does not make one a 
member of any other, nor give him any absolute right of fel- 
lowship with any other. ^ Each church controls its own fellow- 
ship, and adopts its own rules on this subject. One of the 
earliest statutes, in 1641, confirmed this exclusive right of each 
church in all matters of "admission, recommendation, and dis- 
mission."" Therefore a "recommendation" from one church 
gives no right of " admission " to another. But by conforming 
to the rules adopted by each, a certificate of dismission and 
recommendation has always been sufificlent to enable one to 
transfer his relations from one church to another. This is one 
reason why existing churches have an Interest In the organiza- 
tion of every new church, and advise, by councils. In regard to 

1 Panoplist, June and July, 1814. 

2 Sheldon v. Easton, 24 Pick. (Mass.) 281. 

3 1 Hooker, 64. 

4 Colony Laws, chap. 39, sec. 5. 



u 



it. It is one reason why all have an interest in the purity and 
doctrinal soundness of each. It tends to maintain and preserve 
the essential unity of the churches, without which general har- 
mony and communion would be impossible. It enables one, 
wherever his lot may be cast by providence, to hear the same 
Gospel, and worship with brethren of the same faith. And 
this form of fellowship, by its constant recognition of the fact, 
tends to strengthen the fraternal bond of union throughout 
the entire denomination. 

3. Another form of fellowship is among the pastors of neigh- 
boring churches, in what are called " associations." Their ori- 
gin is somewhat uncertain, though they are known to have ex- 
isted for nearly two centuries. They are designed to promote 
the improvement of the ministers in the discharge of their pro- 
fessional duties, as well as for mutual council and advice re- 
specting their several fields of labor. They are usually organ- 
ized in local districts, of convenient size for frequent meetings, 
with written articles, specifying their objects, and prescribing 
terms of membership. 

The necessity of requiring those who propose to enter upon 
the sacred office of the ministry, to be examined and licensed 
by some body of men, in order to protect the churches from 
imposition, is apparent to every one. To confide this power to 
any one central body, might endanger the liberty of the Gos- 
pel. The wisdom of the churches, by long usage, has con- 
ferred this authority upon the associations of ministers, which 
are so numerous and scattered that any oppression, or undue 
restriction, is impossible. Such licentiates are not "ministers" 
until they are ordained. The license is but the initiatory step 
to the ministry. They have no right to administer the sacra- 
ments. They frequently labor as domestic missionaries, or 
evangelists, until, if successful, they become the pastors of 
churches. 

4. Somewhat analogous to ministerial associations, is the 
system of local conferences of churches, within counties, or 
other definite limits, meeting annually or more frequently, for 
general consultation in religious matters. Such conferences, in 
some form, have been held ever since the first settlement of the 
country. We find them specially provided for by law as early 



17 



as 1641, in which the two fundamental principles of Congrega- 
tionalism, church fellowship, with church independence, are 
clearly recognized. 

" The elders of the churches and other brethren and messen- 
gers have liberty to meet monthly, quarterly, or otherwise, in 
convenient numbers and places, for conference and consultation 
about Christian church questions and occasions : provided, that 
nothing be concluded and imposed by way of authority from 
one or more churches upon another, but only by way of broth- 
erly conference and consultation." ' 

The permanent membership of these conferences is not by 
individuals, but by churches. The particular membership, at 
each meeting, is generally composed of the pastors of the 
churches belonging to the conference, who represent their 
churches ex officiis, and of lay delegates, or messengers, spe- 
cially chosen as such by the churches, 

Such conferences should be organized under written articles, 
setting forth their design and purpose, prescribing terms of 
membership, specifying their officers, with the mode of their 
election, and fixing the basis of church representation, and the 
frequency of meetings, with the manner in which they are to be 
called. These, however, are all matters of agreement, to be 
determined by the churches themselves, in their different locali- 
ties. It may be desirable to have the system uniform through- 
out the country ; but as yet it is not. 

5. In addition to the local conferences, there has always been 
some form of association still broader, and more extensive. In 
the early history of New Englapd, we find that there were gen- 
eral Synods, or Councils of all the churches. These bodies 
assumed a kind of spiritual jurisdiction over the churches at 
large. Thus, the Synod of 1637 condemned as unsound a 
large number of doctrines that were said to have crept into the 
churches. The Synod of 1648 adopted the Cambridge Plat- 
form. And though they disclaimed any jurisdiction over the 
churches, except to give counsel and advice, they were always 
regarded with jealousy. Roger Williams had opposed all these 
forms of association, as early as 1631, for fear they might 
grow, in time, into presbyteries, or superintendencies, " to the 

1 Colony Laws, ch. 39, sec. 8. 



18 



prejudice of the churches' liberties." And the practice of hold- 
ing such general Synods was finally abandoned. 

It may be well to remind the general reader that such Syn- 
ods were often called " Councils " ; and some writers, in refer- 
rinof to them, have confounded them with local councils of the 
churclies, from which they are clearly distinguished in princi- 
ple. The general Council, or Synod, was called by all the 
churches, for general purposes. There was danger, therefore, 
as it was restricted by no written constitution, that it might as- 
sume to legislate for the churches. But the local council was 
called by or concerning one church, and for one specified object. 
In regard to that object it might ha\'e some degree or kind of 
authority ; but that could not endanger the freedom of the 
churches, any more than a suit at law could endanger the civil 
rights of the community. The local councils, therefore, have 
always been regarded with favor by the churches, while the 
general Councils, or Synods, were cast off as an incumbrance, 
or as antagonistic to Congregational principles. 

In place of these Synods, in modern times, there have been 
State Consociations, Conventions, or Conferences, differing in 
form, and perhaps in principle. Being organized under written 
constitutions, with limited powers, and with such restrictions as 
will protect the churches from any interference, they have un- 
doubtedly been useful in promoting the unity and power of 
Christian effort in the various religious enterprises of the day. 

In Maine, the Congregational principle in carried out, and 
applied, in the State Conference, by making the lay and cler- 
ical representation equal. Each church is represented by its 
pastor, and one or two lay delegates, in the local conference. 
And each local conference sends one pastor and a lay delegate, 
to the State Conference. This is varied slightly, but not very 
materially, perhaps, by a provision making certain persons 
members ex officiis. 

This same principle has been substantially applied in calling 
the National Council of the churches, to be held the present 
year. And if that shall be continued as an organization, it will 
doubtless be under a written compact, that, while it shall give 
the freest scope for Christian fellowship and united effort, will 



19 



effectually guard the churches against any exercise of legisla- 
tive or judicial authority. 

6. One other form of church fellowship remains to be no- 
ticed, and that the most important of all, the system of local 
councils, already referred to. These have always held the chief 
place in New England Congregationalism, except in some lo- 
calities, as applied to the body of the churches ; and their na- 
ture, prerogatives, and powers, have been clearly defined by 
statutes and judicial decisions. Their general relation to the 
fellowship of the churches will be considered here ; but a full 
consideration of them will be reserved for another chapter. 

The existence of a class or body of churches associated to- 
gether as a distinct sect, implies the necessity of some standard 
of qualification, and some test and tribunal of admission, to 
denominational 'standing and fellowship. In the Episcopal and 
Presbyterian systems, this necessity is easily met, consistently 
with their principles, in some central body, or ofl&ce, which has 
jurisdiction over the churches and ministers. But how can this 
be done in the Congregational system? Where can the cen- 
tripetal power be lodged that shall hold the denomination to- 
together without endangering the independence of the local 
churches ? 

This want is met, in part, by the associations and conferences 
already described. They are, to some extent, denominational 
tribunals, not infringing in the least the liberty of the churches, 
and yet, by their terms of membership, having power to ex- 
clude ministers or churches that differ in faith or practice from 
the prevailing sentiment in the denomination. 

But besides all these, and antecedent to them all, is the sys- 
tem of local councils, established and sanctioned by a common 
usage which is coeval with the denomination, designed and 
adapted to secure that essential agreement in doctrine and wor- 
ship which is its only bond of union. Pastors may form asso- 
ciations, and churches may unite in organizing conferences ; but 
before either can be done, both pastors and churches must be 
admitted to fellowship and fraternity, by local councils, called 
for that purpose. 

Thus it will be seen, that these councils are not only in them- 
selves one form of church fellowship ; they are tribunals of ad- 



20 



mission and exclusion. They are the denominational sentinels, 
that hold its gates. It is not until after churches and ministers 
have been admitted by them Into the fold, that other forms of 
fellowship are available. 

But in saying that councils do this, It is but another way of 
saying that the churches themselves do it. The churches do it 
by councils, which is the freest possible mode in which they can 
act. Being called by the parties interested, from such of the 
neighboring churches as they see fit to select, with no authority 
except upon the single case presented, if there is any danger, it 
is that a liberty so broad may degenerate into license. A stand- 
ing central body, though elective, might become arbitrary and 
oppressive. But the fear of any combination or oppression by 
such councils, scattered, occasional, brief, is altogether ground- 



The action of such councils upon questions of church fellow- 
ship is simple in its nature, not cumbered with any technical 
forms that can obstruct it. The mode of calling and organiz- 
ing them will be considered hereafter. 

A church is usually admitted to fellowship at the time of Its 
organization. Those proposing to become its members call a 
council of the churches in the neighborhood for that purpose. 
A church already organized, whether independent, or belonging 
to another denomination, upon adopting the Congregational 
faith, may call a council and be admitted the same as a new 
church. The work of the council Is, to examine the necessity 
or feasibility of the proposed church, especially If it Is a 
colony from an existing church ; and also to examine its articles 
of faith, in order to see If It is essentially in harmony with the 
faith of the other churches. 

A church is excluded from fellowship, when, after examina- 
tion, a council refuses to admit it. Or, if previously admitted, 
it may be expelled, for sufficient cause. Thus, if one of the 
churches should essentially change its articles of faith, or fall 
into and justify practices that would bring dishonor upon the 
whole body of the churches, or persistently violate the mutual 
obligations of fellowship, any one of the neighboring churches 
may institute proceedings for a council, by stating the charges 
against such church, and proceeding ex 'parte, if a mutual coun- 



21 



cU is not consented to. And a council so called may publicly 
withdraw from such church the fellowship of the other churches 
in the denomination. 

Churches have fellowship not only with other churches, but 
also with ministers, as a body of men holding the sacred office 
of public religious teachers. A minister is admitted to the fel- 
lowship of the churches when he is ordained by a council. If 
he is to be ordained generally, in the ministerial office, without 
being installed as the pastor of any church, the church of which 
he is a member, or with which he is to labor, may call a coun- 
cil at his request. But if he is to be installed as the pastor of 
a church, the council is called by such church, and he is pub- 
licly recognized as having the fellowship of the churches, not 
only in his general office, as a minister of the Gospel, but in 
his particular office, as the pastor of that church. 

A minister is excluded from such fellowship, by a council, in 
several ways. If a council is called to ordain or install him, 
and it refuses to do so, he is excluded from church fellowship 
as a minister, whether the council is called by the church of 
w^hich he is a member, or by some church of which he proposes 
to become the pastor. This may not affect his moral standing ; 
for there are many good men who are not qualified, by educa- 
tion, or by soundness of doctrine, to be religious teachers. And 
if the church in such a case should disres^ard the advice of the 
council, and proceed to ordain lilm as its pastor, this would 
not make him a minister in the denomination, or give him any 
standing or right to fellowship as such. The church may elect 
and ordain its own pastor ; but it can not impose a minister upon 
the denomination. And in thus proceeding independently, in a 
matter concerning which the other churches have a common 
interest, it would forfeit its own right to their fellowship, thus 
violated, and set at naught. 

If a minister is already the pastor of a church, and is guilty 
of any misconduct, or changes his religious views, the church, 
or parish, or any member of either, may take measures for 
calling a council ; and if the council finds such charges to be 
true, and advises his dismissal for that reason, he is thereby ex- 
cluded from the fellowship of the churches. 

If he is not the pastor of any church, and does not propose 



22 



to be, any member of any church or parish where he preaches, 
or proposes to preach, may commence proceedings for a council, 
in the same way, and for the same causes, as if he were the 
settled minister or pastor. 

Thus, though there is in the Congregational system no estab- 
lished, uniform, mode of deposing a minister from his office, 
still, if he claims to exercise his official functions, he may be 
publicly excluded from church fellowship, by which the same 
result is substantially secured. If he voluntarily abandons the 
office, there may be no necessity for any formal, public deposi- 
tion. 

The admission of ministers to associations, and of churches 
to conferences, or their expulsion from such organizations, is 
entirely independent of any proceedings of councils ; though, 
as before stated, the action of the latter precedes that of the 
former; and reasons that would require action by the latter, 
would usually be regarded as sufficient to justify corresponding 
action by the former. 



ly. 



PARISH AND CHURCH. 

Our fiithers derived the idea of their ecclesiastical system 
from that of England. They had felt the crushing weight of 
the Establishment ; but they supposed that to be the result of 
certain abuses and practices engrafted upon It, rather than inlie- 
rent in it. Hence they took It as the basis of their own polity, 
divesting It of Its forms, and external symbols, and of its pa- 
trons, and bishops, and giving to each local church the right of 
self-government, including the election of its own pastor. These 
changes were great, and some of them radical. But they were 
accompanied with such limitations that they created a colonial 
Establishment, much after the English pattern, except that one 
was Episcopal, while the other was Congregational.^ It is neces- 
sary to bear this In mind In studying the legal history of Con- 
gregationalism ; for it involved the necessity of many subse- 
quent changes In usage, and In statute law, before complete re- 
ligious freedom was established. 

In England, the whole country was divided into territorial 
parishes. Such a parish was " that circvilt of ground which was 
committed to the chai'ge of one parson, vicar, or other minister 
having the cure of souls," to whom all persons residing within 
the parochial limits were obliged to pay their tithes, or taxes. ^ 

The same system, except In the election of the minister, 
was established by the first settlers in New England. Tlie col- 
ony was divided into territorial parishes, the inhabitants of which 

1 Oakes V. Hill, 10 Pick. (Mass.) 333. 

2 1 Black. Com. 112. 



24 



were compelled by law to maintain public worship.^ And 
this was done by general taxation, in the same way that other 
taxes were assessed. The boundaries of towns and parishes 
being usually the same, the town and parish taxes were gener- 
ally raised at the same meeting. And the right of voting was 
at first restricted to church-members. In Massachusetts, in 
1665, provision was made for giving it, on personal application 
to the general court, to such other freeholders as should present 
certificates from their respective ministers, that they were "or- 
thodox in their religion, and not vicious in their lives." ^ 

At first, while a large proportion of the colonists were mem- 
bers of the churches, holding the same faith, the unequal opera- 
tion of such provisions was less severely felt. But when the 
number of inhabitants increased, and different religious views 
prevailed, the free spirit of the times began to make itself felt. 
The right of suffrage was extended, and the whole parish sys- 
tem began to be modified. Special statutes were enacted from 
time to time, exempting Quakers and Anabaptists from taxa- 
tion.^ The taxes paid by "members of the church of Eng- 
land" were appropriated to the support of their own ministers."^ 
And, in 1799, the same provision was made for other denomi- 
nations.^ This right was still further extended by a subsequent 
statute ; ^ but so slow was the progress, that it was not until 
1833,' that compulsory taxation for the support of religion was 
abolished in Massachusetts, though it already had been done in 
Maine, New Hampshire, and other States. 

While the parish system was undergoing these changes in 
regard to taxation, it was at the same time being essentially 
modified in its general structure. The city of Boston had never 
been embraced in it.^ " Probably because its numbers in- 
creased so rapidly, and it was so early found that more than 
one religious society would be necessary within its limits, it is 
believed that no attempt was ever made to organize the town as 

1 Colony Laws, ch. 39, sees. 17, 18 ; Province Laws, ch. 13. 

2 Colony Laws, ch. 49. 

3 Province Laws, ch. 333 : Appendix (An. ch.) ch. 37. 
■* Province Laws, ch. 214. 

5 Laws of 1799, ch. 87. 

6 Laws of 1811, ch. 6. 

' Amendments of Const. Art. 11. 

8 Province Laws, ch. 10, sec. 9 ; same, ch. 2o9, sec. 2. 



25 



a parish, or to divide the territory into parishes. Religious so- 
cieties were merely voluntary, freely formed and maintained by 
persons associated together for that purpose ; and of course they 
were formed upon such views of doctrine and discipline, and 
professed and inculcated such religious doctrines and tenets of 
belief, as their own consciences and views of Christian truth 
dictated." ' 

It is natural to suppose that the metropolitan churches had a 
powerful influence upon the whole colony ; and it is therefore 
surprising to find with what tenacity the system of territorial 
parishes maintained its hold. It continued to exist, because its 
friends made concessions from time to time, which relieved the 
people from its heaviest burdens. Besides the exemptions from 
taxation already noticed, " poll parishes" were incorporated in 
many towns, by special acts of the legislature, similar to those 
in Boston. The members of such parishes were either per- 
mitted by their charters to assess their own taxes ; or, under the 
act of 1742, relating to Episcopalians, or the general act of 
1799, their own ministers were allowed to draw the amount of 
their taxes from the parish treasury. 

This last act was supposed to embrace all religious societies, 
whether incorporated by an act of the legislature, or not. And 
the minister of the Universalist Society in Falmouth, now 
Portland, not incorporated, brought a suit against the First 
Parish, to recover the amount of the taxes paid by certain mem- 
l)ers of his society. In 1810, the Supreme Court delivered an 
elaborate opinion adverse to his claim, holding that no society 
had this privilege unless it was incorporated.^ 

This decision led to the. statute of 1811, giving to all volun- 
tary religious societies, though not incorporated, substantially 
the same rights and powers as to incorporated societies.^ And 
when, not many years later in Massachusetts, and even earlier 
in other States, compulsory taxation for religious purposes 
ceased, though territorial parishes had a nominal existence, and 
such as were endowed kept up their organizations, the old sys- 
tem was substantially swept away, and gave place to those vol- 

1 Shaw C. J. in the Federal St. Meetinghouse case, 3 Gray (Mass.) 1. 

2 Barnes v. First Parish in Falmouth, 6 Mass. 401. 

3 Holbrook v. Holbrook, 1 Pick. (Mass.) 248. 



26 



untary religious societies, of every denomination, which, next 
to our common schools, if not more than they, are the pride 
and glory of New England. 

These religious societies, or poll parishes, may be Incorpo- 
rated by special acts of the legislature. They are usually or- 
ganized, however, without any special legislative act, under the 
general laws of the States in which they exist. Such a parish 
is defined by Chancellor Walworth as " a voluntary association 
of Individuals or famlhes, united for the purpose of having a 
common place of worship, and to provide a proper teacher to 
Instruct them In religious doctrines and duties."^ 

It Is sufficient to refer to the statutes of the several States, 
which do not differ very materially, for an understanding of the 
powers and rights of such parishes, the manner In which their 
proceedings may be conducted, the mode of calling their meet- 
ings, and choosing their officers. In general, it may be said, 
that no person can become a member of a parish without Its 
consent, given expressly, or by its written constitution, or by- 
laws ; ^ It has power to take and hold property, real and per- 
sonal ; to raise money, by taxation, upon pews, or otherwise, 
for the purpose of maintaining public worship ; ^ to erect a 
house for that purpose, or for a parsonage, and to keep It In re- 
pair ; * and to do any and all other acts that may be necessary 
In accomplishing the purposes of Its organization. Like other 
corporations, it holds the legal title to its own property ; and It 
may sue, and be sued. In Its own name. 

A church, unlike a parish, Is not a corporation, unless by a 
special act of the legislature. It is an aggregate body of Indi- 
viduals, having no greater powers at common law than any 
other voluntary association.^ It principal officers are Its pas- 
tor and deacons. By a Provincial statute, enacted In 1754,^ 
which has since been adopted by most of the States, a church 
may take and hold property, real or personal, and the legal 

1 Baptist church v. Witherell, 3 Paige (N.Y.) 296. 

- Sudbury v. Stearns, 21 Pick. (Mass.) 148 ; Lord v. Chamberlain, 2 Greenl. 
(Me.) 87. 

3 Mussey v. Bulfinch St. Soc. 1 Cush. (Mass.) 148. Province Laws, ch. 259, sec. 3. 

4 Dillingham v. Snow, 5 Mass. 547; Presbyterian Soc. v. Quackenbush, 10 Johns. 
(N. y.) 217. 

5 J efts V. York, 10 Cush. (Mass.) 392. 
^ Province Laws, ch. 259. 



27 



title vests in the deacons, and their successors, for the use of 
the church. By the same statute, property could be given to 
the minister, for the use of the church ; or to the minister and 
his successors, for the support of the ministry/ In such case, 
he can not alienate the property, without the consent of the 
church, beyond his own term. And in case of a vacancy in 
any of the offices whose incumbents hold the church or parish 
property in trust, the equitable title continues in the church, or 
parish, while the legal title is In abeyance, to be revived when 
the vacancy Is filled.^ The church, in secular, as well as in 
spiritual affairs, acts by votes and majorities, not contracting In 
its own name, but authorizing Its officers to act. And by the 
Massachusetts statute of 1785, ch. 51, since that time adopted 
in some other States, churches are empowered to choose com- 
mittees to call their deacons and other officers to account. 

In most of the judicial decisions in Massachusetts, it is as- 
sumed that in every parish, and indissolubly connected with it, 
there will be a church ; and that every church will have its par- 
ish. This Is not strictly correct. One Is not legally essential 
to the existence of the other. There may be a parish without 
a church ; and there not only may be, but there are, many 
churches not connected with parishes. Not only are there such 
churches connected with colleges, as suggested by Chief Justice 
Shaw,^ and by Chief Justice Parker ; '^ there are many such 
churches in the country, especially in the rural districts. Prob- 
ably the number has largely increased since the organization 
of territorial parishes, to which these cases referred, has been 
generally given up. They are regularly organized as churches, 
with their deacons, and pastors ; they maintain public worship, 
by voluntary contributions, in halls, or school-houses, or some- 
times in meeting-houses, owned wholly or in part, by their own 
congregations ; they own communion plate, and sometimes 
other property ; but they are not, and never have been, con- 
nected with any organized parishes. That such churches have 
the same right of organization and discipline as others, and 

1 Emerson v. "Wily, 10 Pick. (Mass.) 317. 

2 Brunswick v. Dunning, 7 Mass. 445 ; Jewett v. Burrows, 15 Mass. 464. 

3 Stebbins v. Jennings. 10 Pick. (Mass.) 172. 
* Baker v. Fales, 16 Mass. 488. 



28 



may, by their officers, take and hold property for religious uses, 
would seem to be too clear to be questioned. 

Still it is true that, in most cases, a church, at the time of its 
organization, or afterwards, gathers around itself a congrega- 
tion, which is organized as a parish or religious society. It is 
in this connection, generally, that property is held, and con- 
tracts are made. And now, as formerly, it is in their mutual 
relations and rights, generally, that they come under the notice 
of courts of law or equity. 

It is also true, in accordance with the cases previously cited, 
as the law is now settled, that when a church is once connected 
with a legally organized parish, the bond is indissoluble. The 
parish may, indeed, be dissolved, and cease to exist, by the 
unanimous vote of its members, or by the withdrawal of the 
whole of them ; though not, necessarily, by ceasing for several 
years to keep up its organization by a choice of officers.^ 
And in case of a dissolution of the parish, the church may con- 
nect itself with another or a new parish.^ But so long as the 
parish exists, the church can have no legal existence except in 
connection with it. A separation of it from the parish, by its 
members, extinguishes its identity. The same persons may thus 
form a new church. But a church afterwards organized within 
the parish, by reason of its identity therewith, is, in law, the 
same church.^ Whether the other churches will recognize it as 
the same, is a matter of discretion with them, to be determined 
according to the fairness of the proceedings, and the justice of 
the case. 

This results, in part, from the fact that churches and relig- 
ious societies may, and often do, receive gifts and legacies which 
would fail of their object, in case of a separation. For, unlike 
joint stock companies, and business corporations, they hold 
property In trust, not for the members, but for certain uses, to 
effectuate which it is necessary to prevent a dissolution. And 
though a church or parish might distribute again among its 
members, or give to any other person, money contributed by 
them, or held not for any designated use ; property held for 

1 Oakes v. Hill, 14 Pick. (Mass.) 442 ; Fernald v. Lewis, 6 Maine 264. 
^Tibballs v. Baldwin, 1 Gray (Mass.) 399. 
'Sawyer v. Baldwin, 11 Pick. (Mass.) 492. 



29 



such use must be appropriated accordingly. And If the use Is 
a charitable or religious one, there are appropriate remedies in 
equity, if seasonably resorted to, to compel the execution of 
the trust. ^ 

The deacons or minister hold the legal title to property be- 
longing to the church, in trust, for its use, with no power to 
dispose of it without the consent of the church. If it is prop- 
erty given for the support of public worship, the church, by its 
officers, holds it in trust for the parish. If any other use, or 
no use, Is designated, the parish, as such, has no Interest in it, 
and the jus disponendi Is entirely In the church.^ 

But If the church undertakes to separate from the parish, 
though the pastor, and all the officers and members, secede, and 
worship in a different place, it thereby becomes a new church, 
and forfeits all its property, for whatever purpose held, to the 
church which may afterwards be organized within such parish, 
which, for all civil purposes, is the same church.^ The with- 
drawal of the pastor and a portion of the church to another 
place of worship, does not, of itself, constitute a secession that 
will work a forfeiture of the property. It is only evidence 
tending to prove it. In any case of controversy, it is a ques- 
tion of fact, to be decided by the jury, depending upon the 
intention of those who withdraw.* 

The property of a parish, like that of a church, is usually 
held in trust, for some specified use. Thus, either money, or 
lands, may be held for the support of the ministry.^ So land 
may be held for the use of the pewholders in a church.^ The 
meeting-house, if owned by the parish, is thus held, the pew- 
holder having but an easement, though he has the right to an 
exclusive possession, at least during the time when the house is 
occupied for public worship.^ He may therefore maintain an 
action of trespass against any one who disturbs him in his pos- 

1 Attorney General v. Federal Street Meeting-house, 3 Gray (Mass.) 1. 

2 Parker v. May, 5 Cush. (Mass.) 336. 

3 Baker v. Fales, 16 Mass. 488; Page v. Crosby, 24 Pick. (Mass.) 211. 

4 First Baptist Church v. Rouse, 21 Conn. 161. 

^ Peckham v. Haverhill, 19 Pick. (Mass.) 559 ; Richardson v. Brown, 5 Greenl. 
(Me.) 355. 

6 Congregational soc. v. "Waring, 24 Pick. (Mass.) 304. 

7 Jackson v. Rounseville, 5 Met. (Mass.) 127. 



30 



session.^ The parish, however, may take down the house, in 
order to rebuild. If it has become so old and ruinous as to 
render this course necessary, the pewholder is entitled to no in- 
demnity.^ But if it is taken down as a matter of taste, or 
convenience, and not of necessity, the pewholder is entitled to 
compensation.^ Provision is probably now made by statute for 
such cases, in nearly all the States. 

A parish may abandon its meeting-house, and build another, 
without any liability to indemnify pewholders, though such 
house has not become unfit to be used for public worship. But 
if the parish should sell the house, the pewholders will be enti- 
tled to share in the proceeds of the sale. 

ELECTION OP PASTOR. 

If a church is not connected with a parish, its right to choose 
its own pastor is necessarily exclusive. If it is connected with 
an organized parish, either it has the exclusive right to nominate 
or elect its pastor, subject to the approval of the parish ; or the 
right of election is exclusively in the parish. This depends 
upon the constitution or the laws of the State in which the 
church is located. 

]S"otwithstanding our forefathers divided the country into ter- 
ritorial parishes, generally coincident with towns, all the inhab- 
itants of which were taxed to support the ministry, they pro- 
vided by law, in 1641, that the church should have the right to 
elect the pastor. And afterwards, in 1668, to prevent any 
misunderstanding of its meaning, it was enacted that, " by the 
church is to be meant such as are in full communion only." * 
In this election the town or parish had no voice. It was bound 
to support the person chosen and ordained by the church. 

As the number of persons increased who were not members 
of any church, there must have been considerable dissatisfaction 
with the law. For in 1692 an act was passed giving the right 
to choose the minister to " the major part of the inhabitants in 

1 Shaw V. Beveridge, 3 Hill (N. Y ) 26 ; Price v. Lyon, 14 Conn. 281. 

2 Wentworth v. Canton, 3 Pick. (Mass.) 344; Howard v. N. Bridgewater, 7 Pick. 
137. 

3 Gay V. Baker, 17 Mass. 435 ; Gorton v. Hadsell, 9 Cush. (Mass.) 508 ; Kellogg v. 
Dickinson. 18 Verm. 266. 

4 Colony Laws, cb, 39, sees. 4, 19. 



31 



any town." This, however, was found to be impracticable, for 
the reason that many of the larger towns had been divided into 
several parishes. And therefore in 1693, it was enacted "that 
each respective gathered church, in any town or place within 
the province, shall have power to choose its own minister ; and 
the major part of such inhabitants as do there usually attend 
public worship, and are by law duly qualified for voting in town 
affairs, concurring with the church's act, the person thus elected 
and approved, accepting thereof, and settling with them, shall 
be the minister," etc.^ 

Under this statute there were probably cases of disagreement 
between churches and parishes. For in 1695 another act was 
passed, providing that, in case of such disagreement, the church 
might " call in the help of a council, consisting of the elders 
and messengers of three or five neighboring churches," to hear 
and examine the objections to the church's election. If such 
council approved of the choice made by the church, the person 
so chosen was to be the minister. If not, it was the duty of 
the church to proceed to another election, which also was to be 
submitted to the parish, and, in case of disagreement, to an- 
other council.^ 

So the law remained for nearly a century, so long as the 
Provincial orovernment continued. But when the o^overnment 
was changed, by the adoption of the Massachusetts Constitu- 
tion in 1780, the right of election was given exclusively to par- 
ishes. This was not in consequence of any dissatisfaction with 
the law as it had been. Indeed, it seems hardly to have been 
known that the law was changed until many years afterwards. 
The change is attributed by Chief Justice Parker to the influ- 
ence of certain prominent members of the Brattle Street Society 
in Boston, who were members of the Convention. It seems to 
have been done without opposition, perhaps without knowledge 
that any such change was intended ; and from Massachusetts it 
has been adopted by the other New England States. So that, 
whenever a church is connected with an organized parish, what- 
ever the usage may be, unless otherwise provided in the parish 

1 Province Laws, ch. 16. 

2 Province Laws, ch. 33. 



32 



by-laws, the parish has the exclusive right to elect the minister, 
without regard to the action of the church/ 

In fact, however, there have seldom any difficulties grown 
out of this change. Among the Congregatlonallsts, the church 
usually composes no small part of the parish, so that the two 
bodies will rarely differ. The provision for the support of the 
minister must necessarily be made by the parish. And though 
the usage still continues for the church to elect the pa? tor, sub- 
ject to the approval of the parish, the connection of the two 
bodies is such, and the identity of members so great, that the 
action of the one is almost always satisfactory to the other. 

It would be well, however, in order to prevent any contro- 
versies between parishes and churches, for the parish, in its 
rules and by-laws, to provide for their joint action upon all 
such matters as are likely to arise. These will embrace the call- 
ing and settlement of pastors ; the mode of providing for their 
support ; the supply of the pulpit during the sickness or ab- 
sence of the pastor, or during any vacancy in the pastorate ; 
and the mode, time, and frequency of public worship. As all 
parishes are authorized to adopt such rules and by-laws, and 
usually do so, in regard to their own business proceedings, 
terms of membership, and other such matters,^ they may save 
much difficulty, possibly, by providing for all cases in which 
the action of both the church and the parish may be required.^ 

1 Baker v. Fales, 16 Mass. 488. 

2 Taylor y. Edson, 5 Cush. (Mass.) 522. 

3 For forms, see Cong. Quarterly, 1864, Vol. VI., p. 330. 



MINISTERS AND PASTORS. 

We have already seen that our forefathers at first established 
the territorial parish system of the English church, with its 
illiberal principle of compulsory taxation for the support of the 
ministry. We have also seen how that system was gradually 
changed and modified by the prevailing spirit of freedom, until 
our present system of voluntary religious societies, for the sup- 
port of which no one can be taxed without his consent, has be- 
come universal in this country. The former was an offshoot of 
the old Establishment. The latter is one that has grown up 
with the progress of civil and religious liberty, by which it has 
been moulded into its present form. 

In regard to the church and the ministry, if the views of the 
Pilgrims were more liberal, they were far more crude and in- 
definite. They rejected entirely the Idea of any ministerial 
oflfice, other than that of the actual pastor of the local church. 
Hence, If a pastor was dismissed, he thereby ceased to be a 
minister. And if he was settled afterwards over another 
church, he was ordained again as before, by the laying on of 
hands. As he was merely an ofl^icer of the church, and noth- 
ing more, he w^as not only elected, but ordained by the church. 
That this was the general usage, for at least the first fifty years 
of the colonial history, can not be denied ; though It Is equally 
clear that the usage did not continue. 

In theory they held to several grades of church oflScers ; and 
in fact they had deacons, ruling elders, and the teaching elder 
or pastor. They sometimes had a teacher beside the pastor. 



34 



This system of semi-presbyterianism, in the ruling eldership, 
prevailed for a long time. The right of the ruling elders to 
negative any action of the church was claimed for nearly a cen- 
tury ; but the office was finally given up, and the right of the 
body of the members to manage their own affairs was at last 
conceded. 

The early statutes speak of ruling elders, and teach- 
ing elders. In ordaining their pastors, and their deacons, it 
was the ruling elders, if there were such, who performed the 
ceremony of laying on hands. Thus, out of the theory that 
each church should have its ruling elders, and that the pastor 
was nothing but the mere local officer of the church, there orig- 
inated usages in the government of the church, and in the 
ordination of its officers, which prevailed for some time, but 
which were modified or abandoned, as experience, and the pro- 
gress of free principles, dictated from time to time. 

This fact is sometimes forgotten when it ought to be remem- 
bered. The fathers brought with them into this country the 
germ of Congregationalism, mixed, indeed, with much that 
they afterwards threw off as an incumbrance. It could not be 
otherwise. Their principles of church government were neces- 
sarily theoretical, and liable to be modified by practical expe- 
rience. Planted in a new country, their development was a 
work of time. So Congregationalism began, when the churches 
were few, feeble, and scattered. It has grown up with them, 
from a crude, indefinite theory, changed from time to time by 
their experience and wisdom, until it has become a symmetrical, 
orderly, liberal system. Its best days were not its earliest, 
when it was in its infancy, laying its foundations, testing its 
principles. It was by this very process that some theories were 
rejected, and some usages were abandoned ; and it would be 
folly in us now to take them for our guides,, rather than the 
usages and principles that have stood the test of time, and are 
commended to us by the wisdom and piety of the past hundred 
years. 

Still, to understand the present, it is well to look at the past, 
and trace the growth and progress of the system into its pres- 
ent form. 

The Pilgrims were led by the evils which they had seen, or 



35 



supposed they had seen, resulting from a regular order of 
priesthood, or clergy, in the Koman Catholic and Episcopal 
churches, to reject the idea of any such office, or any class of 
public religious teachers. They believed only in the local pas- 
torate ; and they held that each church had the right to elect its 
own pastor, without dictation or advice from any patron, bishop, 
synod, presbytery, or other person or body Avhatever. But in 
regard to the office itself, and the rights, duties, and powers of 
the incumbent, there was very little difference between them 
and the Established church. 

The relation between the pastor and the church or parish was 
not a contract for service, for any period of time, definite, or 
indefinite. It was an office, to w^iich the incumbent was 
elected, and Inducted, according to the usages of the denomina- 
tion. As the pastor and minister, he represented the church 
and the parish, in both temporal and spiritual affairs, the same 
as the parson or rector in the English church. 

*' A parson, (ecclesice persona,) Is one that hath full posses- 
sion of all the rights of the parochial church. He is called 
the parson because by his person the church Is represented ; and 
he is, in himself, a body corporate, In order to defend its rights 
by a perpetual succession. He Is sometimes called the rector, 
or governor of the church ; but the appellation of parson Is the 
most legal, most beneficial, and most honorable title that a par- 
ish priest can enjoy. A parson has, during his life, the free- 
hold In himself of the parsonage, the glebe, the tithes, and 
other dues." ^ 

Such was the English law ; and such, substantially, was the 
pastoral relation, as established by the Congregationalists in this 
country. The Province was divided into parishes or towns, in 
each of which was generally reserved or appropriated one lot of 
land, or more, to the use of the ministry. This w^as the glebe : 
and upon it, usually, the parsonage w^as erected. By the sta- 
tute of 1754, previously cited, the ministers were each consti- 
tuted a body corporate, for the purpose of taking and holding 
such property by a perpetual succession.^ Like the English 

1 Blackstone Com. 384. 

2 Weston V. Hunt, 2 Mass. 500 ; Brown v. Porter, 10 Mass. 93 ; Bucksport v. Por- 
ter, 12 Maine, 487 ; Pawlet y. Clark, 9 Cranch (U. S.) 292. 



36 



parson, he had the freehold of such property in himself. And 
as the tenure of his office, unless limited by special stipulations, 
was for life, he had a life estate in all such lands/ If he was 
dismissed for any cause, and the relation between him and the 
parish was dissolved, of course his estate terminated, and tha 
title went to his successor. 

And as it was made the imperative duty of every town to 
support the ministry, the taxes assessed and collected for 
that purpose belonged to the settled minister for the time being, 
just as the tithes and other dues belonged to the English par- 
son. We have already seen how this law was afterwards 
modified from time to time, until all compulsory taxation was 
finally abolished. 

But though the law relating to the support of the ministry 
has been so essentially changed, the nature and tenure of the 
pastoral office are still substantially the same as at the first. It 
is a public office, to which the incumbent is to be regularly 
elected; and his rights, duties, powers, and liabilities, are all 
well defined by established principles of law. As has been 
stated, the legal tenure of the office is during life. There is no 
law, however, which prohibits the parties from making any con- 
tract they please, when a minister is settled, in regard to the 
time during which the relation shall continue, or in regard to 
the mode or conditions of its dissolution. In such case the 
contract is the law by which the parties are bound. 

The salary of the minister is entirely a matter of contract ; 
though if he should be settled without any stipulated sum, he 
would be entitled to a reasonable compensation. The usual 
course is for the parish, by a vote, to fix the salary in advance, 
and afterwards from year to year, if any change is desired ; and 
the minister by accepting the call, and by remaining, is pre- 
sumed to assent to it. Unless the parties have otherwise stipu- 
lated, by a special contract, which they may do, ^ the minister 
is entitled to his salary until he is dismissed from his office. If 
he is prevented by the parish from performing the duties of his 
office, that will not defeat his right to his salary.^ The proper 

1 Avery v. Tyringham, 3 Mass. 160; Burr v. Sandwich, 9 Mass. 277. 

2 Dutch church v. Bradford, 8 Cowen (N. Y.) 457. 
^ Thompson v. Rehoboth, 5 Pick. (Mass.) 469. 



37 



course, in case of difficulty, Is for the parish to take measures 
to dissolve the relation, either with a council, or without one, 
as circumstances may require. 

By the Colonial and Province laws, the pastor of a church 
connected with a parish was in all cases the minister of the 
parish. Of the flock embraced within the church, he was the 
shepherd, watching over them in their conduct, instructing, ad- 
vising, and if necessary reproving, or calling them to account. 
Of the whole town or parish, he was the religious teacher, as a 
minister of the Gospel. 

In the English church, the clergy constituted a class or order 
of men, set apart to the work of preaching the Gospel, by ad- 
mission to the sacred office of the ministry. By a canon of the 
church, no one was ordained until he had received an appoint- 
ment, or ^'presentation" over some particular parish. But he 
was ordained in such case, not over such parish or church, but 
to the office of the ministry generally. By "institution" he was 
invested with the spiritual or ministerial office. By "induction " 
he was invested with the temporalities of the particular parish 
or church over which he was appointed.^ The ceremony of insti- 
tution was performed by the bishop, the neighboring clergy- 
men also generally being present in the concluding services, and 
uniting in the laying on of hands. ^ 

So long as our ancestors rejected the idea of any ministerial 
office, and held to nothing but the local pastorate, they were 
consistent in holding, also, that each church should ordain, as 
well as elect, its pastor ; and that a pastor should be ordained 
again, if transferred from one church to another. The right of 
a church to ordain " its own officers " was established by law, 
and was distinctly recognized in the Savoy Confession, and in 
the Cambridge Platform. The early usage, with some excep- 
tions, conformed to this ; and though councils of the neighboring 
churches were called, having power even to prevent the " ordin- 
ation of any teaching elder," or to prohibit any one from 
" preaching," ^ yet, if they " approved " of such ordination, the 
laying on of hands was usually performed by the ruling elders, 
or if there were none, by some eminent members of the church. 

» 1 Bum.Eccl. 153 ; 1 Black. Com. 390. 

2 Cyclopedia of Rel. Denominations, Episcopal ch., 7,8. 

3 Colony Laws, 1658, ch. 39, sec. 13. 

3 



38 



This practice, however, soon began to be departed from, 
because the doctrine that was the foundation of it was no longer 
received by the churches. The belief that the New Testament 
Scriptures recognized the ministerial office, held by a class of 
men publicly set apart to the sacred work, laboring in whatever 
places they might be called from time to time, began to pre- 
vail extensively. This being the case, though each church 
might ordain its own officers, it was evident that no one church 
could ordain a man to the ministry generally. In other words, 
the doctrine of the English church, in regard to the ministerial 
office, was again received. And it was believed that, as held 
by that church, though no man ought to be ordained to the 
sacred office without at the same time being inducted or installed 
as the pastor of some church, yet every pastor should be or- 
dained as a minister in the denomination. This could be done 
only by the churches themselves, acting in a council called for 
that purpose. And though there has been, and still may be, 
much controversy on the subject, the fact that both the doctrine 
and the usage of the churches were thus changed, before the 
close of the seventeenth century, no one will deny. An inde- 
pendent church may ordain its own pastor ; or, rather, it must 
do it. But a Congregational church can not do it ; for it is now 
an established principle of the denomination, that no one should 
be settled as a pastor who is not, or has not been, ordained to 
the ministerial office, and, in that relation, admitted to the 
fellowship of the churches. This can be done only by the 
churches, in a council. For an ordination, in order to be legal- 
ly valid, must be according to the existing usages of the denom- 
ination to which the minister belongs. ^ 

Nor is there any danger that this can interfere with the liber- 
ty of the churches. Not only may each church become inde- 
pendent, and then elect and ordain its own pastor; without be- 
coming independent, its exclusive right to " elect " its own pastor 
is conceded. Ordination always follows an election, and would 
be of no force without an election. No council, or other 
church, ever claims even to advise in regard to such an election. 
Its extreme power is merely a negative one, that of saying to a 
church : " We can not ordain as a minister the person whom 

^ Commonwealth v. Spooner, 1 Pick. (Mass.) 235. 



39 



you have chosen as a pastor." The right of the churches to 
decide this question, no one can doubt. A council never claims 
any right to impose a pastor upon a church. It must be 
equally clear that no church can claim the right to impose a 
minister upon the denomination. The cases of difference are 
extremely rare. But when one does occur, the church should 
at once accept the decision of the council, and proceed to the 
choice of some other person as pastor ; or it should become 
Independent, and no longer claim the fellowship of the other 
churches. 

In an Independent church, no particular form or ceremony is 
requisite in ordaining its pastor. " His acceptance of the call 
and consequent entry upon the duties of the office are all that 
we have in this country resembling the presentation, admission, 
and induction of the English church." * And, indeed, as be- 
tween a church and its pastor, in any controversy, the same rule 
would apply to any church, whether Independent or not. The 
call of the one, and the acceptance *and entry upon the office by 
the other, legally establishes the relation between them, with 
the usual mutual rio^hts and oblio^ations resultino^ from it. 

o o o 

But in order to give one the character and standing of a min- 
ister in any denomination, or to confer upon him the legal rights 
of such a minister, except as between him and his church or par- 
ish, he must be ordained according to the usages of such de- 
nomination. The statutes of different States having given to 
ordained ministers the power to solemnize marriages in certain 
cases, in order to exercise such power the minister must have 
been ordained in the usual way practiced by the denomination. ^ 
And such an ordination is always requisite to a recognition as a 
minister in regular standing in the denomination. 

It may be said, therefore, that " a minister of the Gospel " is 
a public religious teacher, ordained and recognized as such 
according to the usages of the denomination to which he be- 
longs. It Is not indispensable that he should have authority to 
administer the sacraments ; for in some denominations a large 
part of their ministers do not have such authority. ^ Nor is it 

1 Youngs V. Ransom, 31 Barb. S. C. (N. Y.) 49. 

2 Commonwealth v. Spooner, ante. 

3 Baldwin v. McClinch, 1 Maine, 102. 



40 



necessary, in order to make one an " ordained minister," that he 
be ordained over any particular church or society. For, in 
most denominations, persons are sometimes ordained to the 
ministry generally, without being placed over any church 
or parish. This is done occasionally by Congregationalists ; 
though the practice is now generally condemned, except in 
gome cases, not often occurring, in which there may be some 
special reason for it. 

" A stated and ordained minister " is one who is ordained and 
settled as the pastor of some particular church, or churches. ^ 

A " stated supply " is one who has been previously ordained, 
and who is temporarily employed by some church or parish, 
without being installed. He is sometimes called the "acting 
pastor," just as one in military or civil life sometimes acts in an 
office which he does not hold. An acting pastor has no rights 
as such, except in regard to the church by which he is em- 
ployed. So far as other churches are concerned, he has no 
claim to recognition until installed, according to the denomina- 
tional usage. 

The usage of the Congregational churches in the settlement 
of ministers has now been uniform for a long period of time. 
After the church has elected one to be its pastor, and he 
has been " called," it invites a council of " the neighboring 
churches," with which it is in fellowship, to advise in regard to 
the matter. This was provided for by statute as early as 1658. 
It was said by Chief Justice Parker, in the case of Baker v. 
Fales, that "this was probably the origin of councils called to 
aid in the ordination of ministers ; and it was their business to 
inquire into the qualifications of the candidate, and probably 
into his theological creed, in order that no new or strange doc- 
trines might interrupt the uniformity of faith then existing, and 
thought to be essential." ^ But this was not the origin of such 
councils ; for they had been called in such cases, from the first 
settlement of the country. The ordination at Salem in 1638 is 
often referred to in proof that churches ordained their own 
pastors. But a council was called in that case ; and though 
the members were detained by a storm, they arrived in season 

1 Ligonia v. Buxton, 2 Maine, 102. 

2 16 Mass. 515. 



41 



to participate in the closing services, and to extend to the pas- 
tor the fellowship of the churches, in the same manner as is 
now practiced among us. 

When the council approves of the settlement of the person 
elected as pastor of a church, they so report to the church. In 
that case, after advising with the church, or Its officers, they 
proceed to ordain the candidate as a minister and pastor, or to 
install him as pastor. If he has been previously ordained ; and 
in each of those offices they publicly admit him to the fellowship 
of the churches. 

If one Is called that has been previously ordained by a coun- 
cil, and w^ho is therefore already a recognized minister In the 
denomination, It may be asked why he can not be Installed by 
the church, or enter upon the -pastorate without any formal In- 
stallation. Such Is the practice In some denominations. But 
the usage of the Congregational churches has always been dif- 
ferent. "The neighboring churches," from which both law and 
usage required a council to be called, have always been con- 
sulted In cases of Installation, as much as in cases of original 
ordination. The frequent changes of opinion among ministers 
have proved the necessity for such a rule. When a minister is 
transferred from one church to another in the same neighbor- 
hood, his examination by a council will be generally a matter of 
form. But if, as is more frequently the case, one is called 
from a distance, the churches near where he is to be settled 
have an interest in knowing what are his qualifications and 
doctrinal views, before he is admitted to a position which will 
entitle him to appear in their pulpits, and to receive the court- 
esies of social intercourse in their families. Therefore the 
decision of a council called to install a pastor is of the same 
force as the decision of an ordaining council. 

The pastoral relation. In fact, usually continues only so long 
as It is satisfactory to both of the parties. If it becomes other- 
wise, it is generally alike for the Interest of both to have it dis- 
solved. But If there are no special stipulations at the time of 
the settlement, limiting the time of its continuance, or provid- 
ing for the conditions or mode of dissolving It, it may continue 
during life, at the option of the pastor, unless he forfeits it, * 

* Whitney v. Brooklyn, 5 Conn. 495. 



42 



And as there may be some cases in which a minister is justified 
in asserting and claiming his legal rights, or the parish is justi- 
fied in claiming its rights, it is important to understand what 
they are. 

There are three grounds or causes of forfeiture of the pas- 
toral office, which are distinctly recognized by law. If either 
one of these exists, the church or parish may dissolve the rela- 
tion, whether the pastor consents or not, as they all relate to 
his fitness for the place. Whether a council is necessary, to 
examine and determine whether either of the causes exists, will 
depend upon circumstances which will be stated. 

1. Immoral or criminal conduct on the part of the minister 
will create a forfeiture of his office, and render him liable to be 
dismissed by the parish. Any criminal conduct is sufficient ; 
so also is any immoral conduct, such as lying, intemperance, or 
unchaste behavior, though not subject to any criminal prosecu- 
tion.^ So disloyalty to the government was held to be a good 
cause for dismission, though no illegal or criminal act was 
charged.^ 

2. A wilful neglect of duty will work a forfeiture of the 
office. Thus, a wilful omission to preach, without any sufficient 
excuse, or a refusal to administer the ordinances, or to perform 
other usual and important parochial duties, is a good cause for 
dismission.^ 

3. So is an essential change in doctrinal belief. The change, 
however, must be substantial, such as would compel the par- 
ishioners, if the minister should remain, and preach his senti- 
ments, to hear doctrines which they do not believe.^ 

How shall it be determined whether either of these causes for 
dismission exists, in any case? 

In New York the courts of law will not try any such ques- 
tion. They hold that it should be submitted to whatever eccle- 
siastical tribunal is provided in the denomination to which the 
minister belongs. " His obligations and duties partake so 
largely of a religious and moral character, and are so intimately 
connected with the relations of domestic life, that an inquiry 

1 Thompson v. Rehoboth, 5 Pick. (Mass.) 469. 

2 Fuller V. Princeton, cited in 3 Mass. 183. 
^Sheldon v. Easton, 24 Pick. (Mass.) 2.81. 

2 Burr V. Sandwich, 9 Mass,. 277. 



43 



into charo^es of misconduct ouojht to be of ecclesiastical cojjniz- 
ance. To expose the infidelity or immorality of a minister of 
the Gospel, on a public trial before a court and jury, in an ac- 
tion for his salary ; or to conduct an inquiry into the soundness 
of his faith and religious opinions before a court of justice, 
would tend to produce unfavorable impressions of religion upon 
the public mind, and, in aggravated cases, would often scandal- 
ize the public ministry of the Gospel, so important to the well- 
being of society.'" Substantially the same views were ex- 
pressed by Chief Justice Hosmer of Connecticut/ But in 
Massachusetts, while it is said that "an ecclesiastical council 
alone has jurisdiction of the third cause of forfeiture," a change 
in doctrinal belief, " and is manifestly the most proper tribunal 
for the investigation of the other two causes," yet, upon the 
other two, "a parish may act without the intervention of a 
council."^ Until the parish does act, by a vote of dismissal, 
the minister is entitled to his salary. And it is essential that 
the reason for the dismissal should be specifically stated by the 
parish ; for no other reason can be alleged or proved/ 

So that, in an action by a minister for his salary, if the par- 
ish allege a forfeiture of the office, and a dismission from it, for 
either of the first two causes, the court will try the question, if 
it has not been submitted to a council. If it has been duly 
submitted to and decided by a council, its decision is conclu- 
sive, and the court will not try the question again. ^ And the 
third cause of forfeiture must, in all cases, be submitted to a 
council, whose decision is conclusive. 

It can hardly be necessary to say that the decision of a coun- 
cil is conclusive only in civil suits between the minister and the 
parish. If a minister is charged with crime, before a court of 
law, the question is tried independently ; and the action of a 
council would not even be admissible in evidence. 

Cases in which ministers are dismissed for misconduct are of 
very rare occurrence. Though changes are frequent, and pas- 
torates are often brief, the causes of dismission are generally 

1 Jones, Chancellor, in Dutch church v. Bradford, 8 Cowen, (N. Y.) 505. 

2 "Whitney v. Brooklyn, 5 Conn. 414. 

3 Sheldon v. Easton, ante. 

4 Thompson v. Rehoboth, ante ; Whitmore v. Plymouth, 2 Gray (Mass.) 308. 
^ HoUis Street Meeting-House v. Pierpont, 7 Met. 495. 



44 



not such as affect the moral character of the pastor. He 
resigns his office on account of his health ; or because of the 
inability or neglect of the parish to pay his salary ; or for the 
reason that he has been called to some other place. These and 
other like reasons are in most cases the causes of dissolving the 
relation. It is sometimes done, by mutual consent, without 
calling a council ; but such a course is irregular, and should 
never be pursued. The action of a council is essential to the 
subsequent good standing of the minister. If he is dismissed 
without any fault on his part, this fact is alvs^ays stated by the 
council, and he is recommended to the churches. A minister 
dismissed without such recommendation is liable to have his 
standing called in question. 



VI. 

ECCLESIASTICAL COUNCILS. 

A COUNCIL Is a meeting of several designated churches, by 
their pastors, or delegates, or both, to consult, and advise or 
determine upon some specific matter, for which they are called 
together by letters missive. This definition does not include 
consociations acting as standing councils. Such bodies can 
hardly be called Congregational ; and they have never been 
generally approved In the denomination. 

A council differs from all conferences, consociations, or con- 
ventions, though such bodies have sometimes been called coun- 
cils, in that it is never called for general purposes, but always 
for some special purpose ; and also In the fact that it is never a 
voluntary meeting of the churches, but is always by an Invita- 
tion from parties Interested In some particular question to be 
submitted. It is therefore never a standing or permanent 
body. When It has acted upon the matter for which It Is 
called, its powers are exhausted, and It can no longer exist. 

A council may be called by any one of the churches. In a 
proper case for It ; or It may be called by any member of a 
church. In any matter relating thereto which Is proper for 
a council ; or it may be called by any parish connected with a 
church. 

Councils are of three kinds In respect to the parties calling 
them. 

1. A council may be called when there is but one party to 
the matter for a hearing. Such Is a council called to organize 
a church. The proposed members could organize themselves 
into an Independent church. But if they wish to be organized 
Into a church In fellowship with the other churches, they invite 
them to meet in a council for that purpose. 



46 



If a portion of the members of an existing church should 
desire to be organized into a separate church, and the parties 
were not agreed, it could be done only by a mutual or an ex 
•parte council. But as cases of this kind rarely occur, such 
councils are usually called by one party, composed of those 
who propose to be the members of the new church. 

So a council to ordain or install a pastor is usually invited 
by the church by which he has been called. The candidate is, 
indeed, interested. And as he is consulted by the church, and 
consents to the proceedings, he is equally bound by the result. 
But he is not a party to the invitation sent to the churches. 

A council to ordain one to the work of the ministry, general- 
ly, may be called by the church of which he is a member, or by 
any church by which he is employed as a stated supply. Or 
perhaps, if the candidate is to be a foreign missionary, any 
church might call a council for his ordination. 

2. A mutual council is called when there are two parties to 
the matter which is to be submitted, and they agree upon the 
churches which are to be invited. 

3. If there are two parties in controversy, in any matter 
proper for a council, and they do not agree upon a mutual 
council, either party may call one alone, which is an ex 'parte 
council. But before he can call such a council, there must be 
an offer of a mutual council to the other party, and a refusal or 
neglect to accept the offer. ^ 

In mutual councils, any objection to any person agreed upon 
as a member is waived. And though the parties would not 
know whom any church would choose as a delegate, they would 
be presumed to know that the pastor would be a delegate ex 
officio. They would therefore be considered as agreeing upon 
the pastors. But in an ex parte council, as the other party 
waives nothing, the party calling it is bound to have it com- 
posed of persons who are impartial. If, therefore, any member 
has been upon a previous council, or for any other reason is not 
impartial, the decision of the council will be declared invalid. ^ 

Councils are of two kinds in respect to the objects for which 
they are called. 

1 Thompson v. Rehoboth, 7 Pick, (Mass.) 160. 

2 ih 



47 



1. A council may be called for some private matter, relating 
to the proceedings of some church concerning one or more of 
its members. In such cases, in which the other churches have 
no interest, the object of the parties is simply to obtain the 
council and advice of disinterested persons, in whose judgment 
and Christian character they have confidence. 

2. A council may be called for some public matter, relating 
to the settlement of a pastor, or to his conduct, or his doctrinal 
belief; or relating to the general conduct or doctrine of a 
church. All the other churches in the denomination are inter- 
ested In such a council. And it is obvious that in regard to its 
authority, and the importance and effect of its decision, these 
two kinds of councils will very greatly differ. 

The object of councils of the first class is simply to restore 
peace and harmony between the particular parties who are at 
variance. 

The design of councils of the second class, concerning mat- 
ters of a public nature, is to maintain the purity, soundness and 
unity of faith, fellowship, and good order of the churches. 
They originated, and are continued, because of their necessity 
for the promotion of these objects. So long as churches are 
organized, and their pastors are settled, only with the advice 
and consent of the neighboring churches, they and their pastors 
wnll be likely to agree In their polity and doctrinal belief, and 
there will be no obstacle to a free interchange in membership, 
ministry and worship. And therefore, as was said by John 
Cotton, "though the church of a particular congregation be the 
first subject of all church power needful to be exercised within 
itself, and consequently be independent from any other church 
or synod in the use of it, yet it is a safe and wholesome and 
holy ordinance of Christ, for such particular churches to join 
together in holy covenant and communion and consolation 
among themselves, to administer all their church aflfairs which 
are of weighty and diflScult common concernment, not without 
common consultation and consent of the other churches about 
them." Such was the practice of the Pilgrims, which early 
received the sanction of the law. As has already been stated, 
as early as 1641 it was provided that no church would be rec- 
ognized as such, unless the " neighbor churches " were called 



48 



and " approved " of its organization; and in 1658 the ordina- 
tion of any teaching elder was prohibited, unless with the "ap- 
probation " of three or four of the "neighboring churches."^ 
These laws, it is true, are no longer in force. But the usage 
has continued to this day ; and the necessity for it, and its ben- 
eficial effect, in promoting the harmony, fellowship and influ- 
ence of the churches are as apparent now as they were two 
hundred years ago. 

There has always been a striking analogy between the two 
offices of religious and secular teachers. One of the earliest 
Province laws was "for the support of ministers and school- 
masters," in which contracts for the "settlement and mainte- 
nance" of both were confirmed.^ The Bible has always been 
used in common schools. Both branches of learning have been 
taught in some of our colleges ; and parishes have always had 
the capacity to take and hold property for the support of 
schools.^ It was proper, therefore, that some provision should 
be made for the examination of both classes of teachers. And 
as, in our common school system, the proposed teacher must 
first be examined by the supervisor, committee, or other offi- 
cers chosen for that purpose, so in the New England system of 
Congregationalism, he who would officiate as a public religious 
teacher or minister, is required by usage, as formerly by law, to be 
examined and approved by a council of the churches in the neigh- 
borhood where he is to be ordained or installed, to ascertain what 
are his qualifications and his doctrinal belief. This is as impor- 
tant for him as for them ; for it is essential to his own peace, as 
well as usefulness, that his views should accord with theirs. If 
it were not so, there would soon be discord in his own society, 
and opposition to him in the other churches in the vicinity. No 
minister should be settled in whom the neighboring churches 
have not such confidence that, in ministerial exchanges, and in 
social intercourse, they can welcome him to their pulpits and 
their homes without distrust or fear. 

Nor is any principle of Congregationalism, or of religious 
freedom, violated in this. It is but a law and condition of fel- 
lowship, which no church is bound to follow if it prefers Inde- 

^ Colony Laws, ch. 39. sects. 1, 13. 

2 Province Laws, ch. 13, 1692. 

3 Sutton Y. Cole, 3 Pick. (Mass.) 232; White v. Braintree, 13 Met. (Mass.) 506. 



49 

pendency. Its own voluntary assent is necessary. And in 
giving its assent, it yields no more than what is indispensable 
to fellowship and good order. The system of councils is en- 
tirely different from any large, central judicatory, like a state 
or national Synod, or Assembly. These, though composed of 
representatives of the churches, might endanger or destroy their 
liberty. But a system of local councils can not. The power 
is merely temporary in each case, and is divided and distributed 
among all the churches in such a way as to give the freest possi- 
ble scope to the popular w^ill. The idea of any danger to their 
liberty, in thus using their own powers, in their separate local- 
ities, is altogether unfounded and visionary. 

The danger, if any, is clearly in the other direction. Can- 
didates for the ministry, instead of being rejected when they 
should be admitted, will, through the timidity of councils, be 
admitted when they ought to be rejected. Such has always 
been the tendency. It is plain, therefore, that the only secu- 
rity we have for anything like uniformity of doctrine and wor- 
ship, which lies at the foundation of all fellowship and active 
cooperation among the churches, is in the authority and faith- 
fulness of councils. To oppose them, or to do anything 
which will weaken their influence, or encourage a disregard for 
their decisions, while it will do nothing for the religious free- 
dom of the churches, will do much to break them into discord- 
ant fragments, whose strength, instead of being put forth in 
united action to save the world, will be worse than wasted in 
mutual dissension and strife. 

CALLING A COUNCIL. 

A council is called by the invitation contained in the letters 
missive. This should set forth specifically the substance of the 
matter to be submitted ; and it is, in its terms, the limit of the 
power of the council. The council assembles for that purpose, 
and for no other. An inquiry into any other matter is, there- 
fore, as irregular as it is generally useless and improper. 

The parties calling the council must determine to what par- 
ticular churches to send the invitation. There is no absolute 
rule as to locality or number. If, however, the matter, is 
of a public nature, in which the other churches are interested, 



50 



the "neighboring churches," as being most directly interested, 
must be invited. If a council, after assembling, should find 
that this rule had been disregarded, unless some good reason 
could be given for it, it would probably decline to proceed. 
Or, if it should proceed, the neighboring churches would not 
feel bound by its action. 

The invitation is sent to the churches. It is customary to 
inform each church what other churches are invited. This 
practice is a good one, though not essential to the legality of the 
council. If a church votes to accept the invitation, one lay 
delegate is chosen, the pastor being a delegate ex officio. 

Sometimes a church invited has no pastor, but some one is 
preaching to the parish as a "stated supply," and there have 
been many cases in which he has attended councils as " acting 
pastor." This practice is of very doubtful propriety. For, 
as to the other churches, an acting pastor has no claim to be 
recognized as such. It is only the actual pastor who is a 
delegate of the church, by virtue of his office. And a church 
can elect no one as a delegate who is not a member. 

It has sometimes been the case, also, that, besides the invita- 
tion to the churches, some prominent minister is invited by 
name, who is the pastor of some church, or, if not, is con- 
nected with some literary institution, or with some missionary 
or other society. This practice is also exceptional. If such 
person is the pastor of a church, there are strong reasons why 
the invitation should be sent to the church, in which case it 
could also be represented by a lay delegate. If the person is 
not a pastor, then he represents no church. If councils should 
be largely composed of such persons, which may be the case if 
they can be admitted at all, it would subvert the very founda- 
tion on which the whole system is based. The necessity and 
authority of councils can be sustained on Congregational princi- 
ples only on the ground that the members are the representa- 
tives of the churches and sent by them. 

If, in any case, the parties calling a council desire the attend- 
ance of some particular member of another church, the sug- 
gestion of such wish would generally secure that result, with- 
out violating the freedom of the church in its choice. 

It can hardly be necessary to say, that, in selecting the 
churches and their pastors to be invited, the parties calling a 



51 



council have no right to invite any who are not in good stand- 
ing and fellowship in the denomination ; and if they should, the 
invitation can give no authority to any such person to act as a 
member of a council. The churches meet in a council, not 
simply because they are invited, but because, if it is for a matter 
of a public nature, in which they have an interest, they have a 
right to act. Such a council is a representative body, deriving 
its authority from the churches, though restricted in its action 
to the object for which it is called. It is the representative, as 
well as the guardian, of the fraternity of churches, associated 
in fellowship. Therefore any one excluded from their fellow- 
ship, or not admitted to it, can have no possible right, in 
any circumstances, to act as a member. 

PROCEEDINGS OF COUNCILS. 

When a council is called, and assembles, it is necessary to 
ascertain who are members. The right to do this is inherent 
and indispensable in all such bodies. In order to do it, or to 
proceed to any other business, an organization is necessary. 
Like other deliberative bodies, or judicial tribunals composed of 
several persons, a council acts by a majority of those present. 

In determining who are members, the council is restricted 
absolutely to the letters missive. It may question the right of 
those appearing by virtue of such letters ; but it cannot give 
any right to others. It may diminish the number ; it can never 
add to it. Ail votes inviting other persons present to act upon 
the council are simply void. 

But if any one claims to be a member, as the pastor or 
delegate of any church, or as having been invited by a special 
letter to himself, the council, in determining who are members, 
may question his right to act. If he, as a minister, has never 
been admitted to, or has been excluded from, the fellowship of 
the churches, the invitation can give him no authority to act. 
So if he appears as a delegate from a church not in regular 
standing and fellowship in the denomination, the letter of invi- 
tation to such a church can not give its delegate or pastor any 
right to act. So, if the matter to be submitted is one of 
controversy between contending parties, as a charge of miscon- 
duct made by a parish against its minister, and any one present 
is not impartial, unless the objection has been waived, he has 



52 



no right to act. In all these cases, it is the right of the council 
to inquire into the fact, and declare that any such person is not 
entitled to a seat. It is true, it may have no civil power to 
enforce its decision. But it may proceed to act, without 
regarding the claim of such a person to participate in its delib- 
erations. Indeed, in cases of controversy, it must do so. 
For, in such a case, the participation of any one not competent 
to act, will render the decision of the council void.^ To deny 
the right of exclusion, is to deny any right to act at all. 

This is in strict analogy to the proceedings of other similar 
bodies. If an infant, alien, or other person ineligible, is chosen 
one of a board of civil officers, the others, being a quorum, 
proceed without him. When a member of a court is incompe- 
tent to sit in any particular case, for the reason that he is 
related to one of the parties, or has formerly been consulted as 
counsel, he retires, and his associates proceed without him. So 
if any one claiming to be a member of a convention, or of a 
legislative body, is excluded, the remaining members proceed. 
A council, in some respects, resembles all these bodies, being 
both deliberative, and judicial. It is not a submission to an 
arbitration, in which all the arbitrators must be present, and 
act.^ It is a public body, established by usage, and recognized 
by law ; and the mode of calling it, and its rights, duties, and 
powers have been settled by many judicial decisions. 

It often happens that some of the churches invited are not 
represented. If but a minority of them should be represented, 
it is probable that the delegates appearing would decline to act. 
But if a majority of the churches invited are represented, 
though some of them are not, they are considered as constitut- 
ing a quorum ; and it is the uniform usage for the council in 
such case to proceed. 

Having determined who are members, in regard to which 
there is seldom any question, the particular matter to be sub- 
mitted, as set forth in the letters missive, should be examined, 
to see if it is a suitable one for a council. It is true, each 
church might decide this question for itself, before voting to 
send delegates. But, in doing so, there could be no concert 
of action among the churches. It is better, therefore, for all 

1 Thompson V. Reboboth, 7 Pick. (Mass.) 160. 

2 Stearns v. Bedford, 21 Pick. (Mass.) 114. 



53 



the churches to respond to the invitation, leaving it for the 
council to determine all these preliminary questions, as it can 
do, after consultation, more intelligently than the several 
churches could do beforehand. 

The necessity that the council should settle any question of 
membership, and then determine whether the matter submitted 
is a proper one for a council, before proceeding to hear tlie par- 
ties, arises from the fact that both of these preliminary ques- 
tions are always examined by the court, before the decision of 
the council can be received; and in either case, if any of the 
members were incompetent, or the matter was not suitable for a 
council, the decision will be rejected. "The court look behind 
the adjudication ; and before the result can be received as evi- 
dence, or allowed to have any validity, they will examine the 
proceedings to ascertain (1) whether there was a suitable case 
for the convocation of an ecclesiastical council, (2) and whether 
the members were properly selected." ' 

Having completed its organization, and decided that the case 
Is a suitable one for its action, the council proceeds to hear the" 
parties. If the matter is one of controversy between contend- 
ing parties, in which charges are made, the hearing is a judicial 
proceeding, and should be conducted upon substantially the 
same principles as in courts of justice. The charges should be 
stated in writing, in order that the party accused may know to 
what he is called to answer. This is also necessary, to enable 
the council to restrict and apply the evidence, and to determine 
and state in their result what the specific charges are, and 
whether they are proved. A council may disregard these prin- 
ciples, and proceed irregularly or disorderly ; but it will do so 
at the risk of having its decision pronounced void. 

If the matter to be heard is not one of controversy, but is a 
question of organizing a church, or of ordaining or installing a 
pastor, the proceedings may be more informal, according to the 
convenience of the parties, or the discretion of the council. 

After fully examining or hearing all the persons or parties 
interested, the council proceeds as a deliberative body. In this, 
it is bound to regard the rules and forms of proceedings gener- 
ally adopted by such bodies. These rules have received the 

1 Stearns v. Bedford, 21 Pick. (Mass.) 12a, 
4 



%• 



54 



public sanction because they tend to promote fairness, impar- 
tiality, and justice. To disregard them would impair the moral 
force of the result in all cases ; and in cases subject to revision 
in courts of law, it would render the decision invalid. It is 
indispensable in every case that a council should proceed impar- 
tially. 

After deliberation, the council decides. Their decision is 
technically called " the result." It should be a decision of the 
particular question submitted, and nothing more, nor less. It 
should be drawn up carefully, and signed by the moderator and 
scribe. 

In all cases of controversy, in which specific charges are 
made, the council should find distinctly whether the charges 
are proved. This is necessary to protect the rights of the 
parties. For if the council finds that the charges are proved, 
their decision is conclusive in any civil suit between the parties. 
And, on the other hand, if the council finds that they axe not 
proved, the party accused can not afterwards be harrassed by 
another trial, either before another council, or in any civil 
action between him and his accusers. 

The necessity for having both the charges, and the decision 
of the council, definite, and certain, was shown in the case of 
Sheldon v. Easton.^ There the council was properly organ- 
ized, and proceeded impartially ; and it advised that the pastor- 
al relation be dissolved, for certain reasons, the principal one of 
which was, that the pastor " had lost the confidence of a large 
portion of his parishioners in his moral honesty and integrity.'* 
But there were no charges of dishonesty, or of want of integ- 
rity ; nor did the council decide that he w^as really guilty of 
anything of the kind ; but only that his people had " lost 
confidence " in him in these respects. The charges and decision 
were declared to be too " vague and general " to sustain a 
dismissal by the parish. 

There have been cases in which councils have determined the 
matters submitted to them, conditionally ; that is, they have 
advised certain things to be done, upon certain conditions. 
This course may be proper in that class of cases where their 
decisions are merely advisory, and not legally binding upon 

> 24 Pick. (Mass.) 281. 



55 



either party. In such cases, the decision Is not obligatory 
unless assented to and ratified by both of the parties ; ' and 
while a decision with conditions annexed, can do no harm, it 
may possibly result in an amicable adjustment. But in cases 
where there are charges of misconduct, the council should 
merely find specifically whether any of them are proved, and 
which, If not all. In the case of Thompson v. Rehoboth, there 
were such charges, and the council found that "several "of 
them were proved, without specifying which. And It was held 
that parol evidence to show which charges were proved was 
Inadmissible ; and that the decision of the council was void for 
uncertainty.'^ 

Very few of the cases that are brought before councils are 
such as can afterwards be controverted at law. Nearly all 
councils are called to organize churches, or to ordain or Install 
pastors, or to act upon questions of dismission for causes not 
affecting the character or conduct of the parties. In all such 
cases, the particular form of stating the question upon which 
the council Is to act, or Its decision thereof, Is a matter of little 
importance. 

After the " result " Is drawn up and signed, the powers of 
the council are exhausted, and It can do nothing but adjourn 
without day. The scribe should retain all the papers, with the 
result, which should be communicated to the parties by a copy. 
The original he should keep, that he may afterwards be able to 
furnish copies If they should be wanted. 

FORCE OF THE DECISION. 

As a general statement. It Is often said that the decision of a 
council Is merely advisory ; and that the parties are still free to 
accept or reject the advice, as they, or either of them may 
choose. This statement is correct,* as applied to many coun- 
cils. But there are some cases in which It is not correct ; and 
It Is therefore liable to be misunderstood. 

It Is true that a council has in no case any judicial power. In 
the sense of giving to Its decision the character of a judgment, 
that can be enforced. This principle Is clearly stated by Chief 

1 Stearns v. Bedford, ante. 
' 7 Pick. 160. 



56 



Justice Parsons, in the case of Burr v. Sandwich, before 
cited. ^ " Our ancestors came into this country smarting from 
the rod of the hierarchy, then in power in the country from 
which they emigrated. They were hostile to any coercive 
ecclesiastical jurisdiction, in all matters of doctrine and disci- 
pline, as repugnant to the liberties of the churches. And 
although synods were holden, and councils of the churches 
were convened, yet no compulsory authority was vested in 
them." 

It is also true that, when a council advises anything to be 
done, by either or both of the parties, such advice never has the 
force of an award of arbitrators. Unless it is afterwards rati- 
fied and adopted by the parties, neitlier can maintain any suit 
upon it, at law, or in equity.^ But though a church may, in 
most cases, disregard the advice of a council, because it has no 
"coercive jurisdiction," yet it does not follow that the decision 
has not some force, by which the parties will be affected . For 
when the matter submitted is a public one, in which the other 
churches have an interest, like the settlement of a pastor, if the 
church disregards the result of the council, it thereby cuts itself 
off from any right of fellowship, and assumes the position of 
Independency. 

It will therefore be found that the decisions of councils, when 
duly made, are of three general classes, in respect to the force 
to be given to them, and the obligation of the parties to abide 
by them. 

1 . The first class embraces those cases in which the result is 
purely advisory, and nothing more. Thus, though a church 
has exclusive control of all its internal affairs, yet in any case 
of discipline or dissension, the parties may, as was said by In- 
crease Mather, " for the sake of light and peace," ask the ad- 
vice of the neighboring churches. It is their duty in such case 
to receive and consider the advice in a Christian spirit ; but after 
all, it is the right and duty of the church, after obtaining all 
the light to be had, to act according to its own convictions. 
And if, in so doing, it acts contrary to the advice of the coun- 
cil, its standing in the denomination, and its right to fellowship, 

1 9 Mass 295. 

2 Stearns v. Bedford ante. 



o7 



are not impaired. For in all these private matters, each local 
church is entirely independent of the other churches, and must 
ultimately act and decide for itself. 

2. The second class is composed of those cases which con- 
cern the fraternity of the churches, being of a public nature. 
In these, though a council has no " compulsory power," like a 
judicial tribunal, it has jurisdiction coextensive with the denom- 
inational fellowship. In this respect, its decision is to be re- 
garded as conclusive, unless subsequently reversed or modified 
by the action of another council. For the right of the asso- 
ciated churches to control their own fellowship, and to decide 
for themselves, in every case, in regard to the reasons for giv- 
ing or withholding it, results from the plainest principles of 
Congregational freedom. To deny it, is to enslave the many 
to the few. To uphold it impairs the liberty of no one. It 
rests upon one of the simplest, as well as one of the most im- 
portant, of human rights ; the right of every man to choose his 
own associates ; the right of every voluntary society to deter- 
mine who may be its members ; the right of every association to 
determine who shall share its privileges. 

Of this class is a council called for the organization of a new 
church. If its advice is against the organization, the persons 
calling it are bound by it. They may, indeed, still organize 
themselves into a church, but it will be Independent. It is only 
when approved by a council, that a new church can be consid- 
ered one of the brotherhood of churches, having a right to de- 
nominational recognition and fellowship. 

So also a council called to ordain or install a minister, or 
pastor, is one of this class. If such a council refuses to ordain 
or install the candidate, the church that has called him is bound 
by the decision. True, it may, notwithstanding his rejection by 
the council, proceed itself to ordain or install him. But, in 
doing this, it proceeds as an Independent church. His rejec- 
tion by a council is an exclusion from church fellowship ; and 
the ministers and churches should so reo:ard it, bv declinino- to 
exchange with him, or to admit him to their pulpits. The action 
of the church, if it should ordain or install him, or employ him 
as. a stated supply, would be in direct violation of the principles 



58 



upon which the churches are associated together ; and would re- 
sult in its exclusion, also, from the denomination. 

In all cases of this second class, another council maybe 
called, if it is desired. But as all councils should be called 
from the neighboring churches, to a large extent, if not exclu- 
sively, the submission of the same matter to a second council 
would generally be followed by the same result. 

3. The third class includes all cases in which charges of mis- 
conduct, neglect of duty, or a material change of doctrinal 
belief, are made against a minister, as a reason for his dismissal. 
It also embraces cases for the dismission of a pastor, for reasons 
or upon conditions specified in the terms of his settlement, 
when any such terms or conditions were agreed upon by the 
parties at the time. In all such cases, if the council is duly 
constituted, and proceeds impartially, its decision is conclusive, 
and is legally, as well as morally, binding upon the parties. A 
second council can not revise it ; " for a minister ought to have 
some termination of his parochial disputes ; and when a question 
has been settled by the proper tribunal, after a fair hearing and 
discussion, it should be at rest." ^ Nor will a court of law, in 
any civil suit between the parties, try the question over again. ^ 
If the minister is convicted, the parish may dismiss him, and 
he can not impeach the correctness of the decision in a suit for 
his salary. If he is acquitted, the result is equally conclusive 
against the parish.^ 

We have thus endeavored to state the general principles of 
Congregationalism, as recognized by the present usages of the 
churches, and by courts of law. In the origin and history of 
these principles, we may trace their design and tendency to 
promote the union and fellowship of the churches, and to secure 
their highest freedom. Despotism is not more opposed to such 
freedom, then are anarchy and disorder. A people are free, 
not in being without law, but in having good laws, which they 
hold sacred and inviolable. And if, as in this country, and 
among the Congregational churches, we make our own laws, 
we ought to hold them all the more sacred. If they were 
imposed upon us by external arbitrary power, we might have 

1 Burr V. Sandwich, ante. 

2 Dutch church V. Bradford, 8 Cow. (N. Y.) 457. 

^ Hollis St. Meeting-house v. Pierpont, 7 Met. (Mass.) 495. 



59 



some reason for evading or disregarding them ; but as it is, we 
have no excuse. It is for this reason that we have so often 
adverted to the necessity of adhering to the laws and usages of 
the churches. In this way, alone, can unity of faith, and 
worship, and effort be secured. And if these pages may be 
instrumental, in any degree, in contributing to this result, 
we shall feel that we are amply repaid. 




y 






CONGREGATIONAL 



POLITY, USAGES A^D LAW. 



BY HON. WOODBURY DAVIS. 



/ 



From the Bosion Review for July, 1865. 



Vr 



BOSTON : 
PROPRIETORS OF BOSTON REVIEW, 11 CORNIIILL. 

NEW YORK : DEAN & FISK, NO. 11 ANN STREET. 
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found in the country. The names of this Committee are well known in the 
religious community aud their judgment respected : — Rev. J. A. Albro, 
D.D, Rev. J. H. Means, Rev. A. J. Sessions, Rev. J. M. Manning, Rev. 
A. H. Quint, Rev. D. L. Furber, Rev. E. K. Alden, and Rev.D. R. Cady. 
A few of our late books writen by laymen and clergymen are as follows : 



Price 

Grandfather's Bible 80 

The Ferryman's Child 80 

Choice Memorials 

The Fisherman's Children ; or, Sun- 
beam of Hardrick Cove 80 

The Red Lion ; a Capital Temperance 

Story 80 

Faithful Shepherd. By Rev. J. E. 

Todd 75 

The Conqueror 75 

Nora, and Thoughts about Christ, .95 

Ellen's Idol 75 

Invitation to Little Children 60 

Mabel Lee 60 

Bessie's Visit 60 

Our Boys 60 

The Christian Private 60 

Evelyn Hope, and the Game of Life .40 

Percie ; or, the Conspirators 

Lizzie French 

Velma Lee. By the author of " The 

Huntingtons' 

Clara D wight in the Home of her 

Adoption 

Young Teacher. A Sequel to Clara 

Dwight 

The Old Horseshoe 1.25 

Minnie "Watson 1.25 

My First Pennies....... 1.00 

On the Frontiers ; or, Scenes in the 

West 90 

Must ; or, Ann Holbrook's Childhood .90 

Martha's School-Days 

Jewish Heroes , •«• 80 

The Buried Cities f-^^ .75 



Pric^. 
Elsie Bailey; or, One that Loved 

Everybody 75 

Faith Cleveland; or, Daily Beauty.. .75 

The Skates .75 

Frank and Amy's Visit to Palestine .76 
Ellis Amory. A True Story of Every- .75 

Day Life 75 

Mattie Carson .70 

What is a Little Money good for ? ... . .65 

Some Coats that Fit ,60 

Nuts Ready Cracked 60 

Winnie Malone .60 

Soldier's Anecdotes 60 

Susie's Flowers, and the Light they 

brought into a Pleasant Home.... .60 
Bessie Gordon. Six Days in her Life .60 
Mattie's Box; or, How Conscience 

Worked 55 

Boy and the Man.. 55 

Gleanings from Science 45 

The Prayer of Faith 45 

Willie and Katie ♦ .40 

Fireside Stories .40 

Delia Balcom. Au excellent Book for 

Girls 1.25 

Motherless Maud l.QO 

Katie's Secret ; or. The Boys and Girls 

of Otter Creek 90 

Life Histories for the Sabbath-School .75 
Ernest Brownley's Trials and Tempt- 
ations 75 

Path of the Pilgrim Church from its 
Origin to its Establishment in New 

England ', .75 

Light on the Ocean. .65 



We also publish the Well Spring, a beautifully illustrated weekly pa- 
per for our children, and a large assortment of Question Books, Cate- 
chisms and Gift Cards suitable for Sabbath schools. 

MOSES H. SARGENT, Tre4-SURER. 

Asa Buuard, Secretary. 



Important Work on Congregationalism. 



HISTORY OF CONGREGATIONALISM 

FROM ABOUT A.D. 350 TO THE PRESENT TIME. 

EN CONTINUATION OF THE ACCOUNT OF THE ORIGIN AND EARLIEST HISTOBT OF 

THIS SYSTEM OF CHURCH POLITY CONTAINED IN 

" A VIEW OF CONGREGATIONALISM." 

BY 

0X30X1.0X3 X»TTl^J•OXI A TIJD, 

SECOIO) EDITION. 

REWRITTEN AND GREATLY ENLARGED. 

NEW YORK: 
PUBLISHED BY HURD & HOUGHTON. 

BOSTON : E. P. DUTTON & CO. 
1865. 

It is now more than twenty years since the first edition of this work was published ; 
and in this revised and enlarged edition we have the matured fruits of the author's 
investigations. The plan of the work is : 

1. To indicate the process by which the simple, Congregational polity of the apos- 
tolic churches was gradually overgrown, and finally quite crushed down by hierarch- 
ism and popery. 

2. To show that notwithstanding all this, there have always been in Christendom 
earnest assertors of apostolic principles of church order and government. 

3. To furnish a summary account of the progress of these principles, from the time 
of their full recognition, in the sixteenth century to the present day. 

The first two volumes, now submitted to the public, embrace the first two topics, 
and iaclude the most difficult and in many respects the most important portions of 
this undertaking. The work has been with the author a labor of love, which has em- 
ployed his leisure hours for nearly a quarter of a centviry ; and it is hoped will be 
foimd of real value to the denomination for which it has been specially prepared, and 
not without interest to the general reader, who will find in it a condensed outline of 
important periods of history. 

The work will be published in three elegant crown octavo volumes, in beautiful 
type, on superior tinted paper. The volumes now ready contain, respectively, 578 
and 539 pages, and will be sold at the moderate price of ^ 50 a volume. 



Mesere. HURD & HOUGHTON have also in press 

The Library of Old English Divines 

Under the Editorial supervision of WILLIAM G. T. SHEDD, D.D., Professor of 
Biblical Literature in Union Theological Seminary, N. Y. 

This work is in octavo form, on beautiful tinted paper, each volume to contain 
about 500 pages. Each author will be sold separately, as well as collectively, so that 
all classes of buyers may suit their convenience or preferences. The sermons of 
Robert South will constitute the first volume of the " Library," and will appear dur- 
ing the current year, in four volumes, octavo, at a cost of if3 00 per volume to sub- 
scribers, and $3 50 to those who do not subscribe. Any parish or congregation send- 
ing six names directly to the Publishers will be entitled to a seventh copy for the 
pastor. 

1^* Prospectuses and specimen pages can be had free on application to 

HtJRD & HOUGHTON, 

401 Broadway, New York. 

and E. P. DUTTON i& CO., 
106 and 135 fVashlngton Street, Boston. 



BIBLE HELPS, 



Family Bible. 

Enlarged edition. Royal Octavo. 1,504 pages, With Notes and Instructions, Maps, Marginal 
References, Prefatory Notices, Historical Tables, Harmony of the Gospels, Tables ot Coins, 
Weights, and Measures, etc., and a Family Record. 

Family Testament and Psalms, witli Notes. 

Two double Maps and Tables. 

Family Testament with Notes. Pocket Edition. 

With the Notes and instructions. 

Locke's Commonplace-Book to the Bible. 

A collection of what is revealed on each subject, truth or doctrine of the inspired records. 

Cruden's Condensed Concordance. 

Containing the great body of references in his larger work, but omitting the Apocrypha, and his 
explanation of terms. 

Bible Dictionary. 

An essential help to understanding God's word, and a treasure for every family. It is beauti- 
fully printed, with five colored Maps, and 250 illustrative Engravings. 

Bible Atlas and Gazetteer. 

The Atlas contains six fine large maps, prepared with care firom the most reliable sources, and 
covering the whole ground of Bible geography. 

Bible Text-Book. 

The principal Texts relating to the persons, places, and subjects of Scripture, arranged for Min- 
isters, Teachers, and all Students of the Bible 

Gallaudet's Scripture Biography. 

With Critical Illustrations and Practical Remarks. In eleven volumes complete. 



NEW HYMN AND TUNE BOOR. 

THE VERY BEST HYMN AND TUNE BOOK 

FOE, THE SIZE AND PRICE EVER PUBLISHED 
FOE 

SOCIAL RELIGIOUS MEETINGS, AND USE IN THE FAMILY CIRCLE. 

BE SUBE AND PURCHASE 

SONGS OF ZION. 

It has 423 Hvmns and Tunes, beside selections of verses for special occasions. It is printed on 
good paper and in clear type. You will here find your old favorite Hymns and Tunes, with a 
choice selection of the best modem ones. 

One copy, cloth bound, ..... ., . . -^ 

One hundred copies, ..... *4000 

Copies for examination sent post-paid on receipt of 60 cents. 
1^" Orders will receive prompt attention, and any books forwarded that shall prove on examin- 
ation to be such as are not wanted, will be cheerfully exchanged for others. 
|3<r Full Catalogues, with list of prices, sent to any address gratuitously. 

N. P. KEMP, Treasurer, 

AMERICAN TRACT SOCIJBTY, N. K. BRANCH, 

40 Cornhill, Boston. 



THE BOSTON RECORDER: 

A Congregation aligt, Religious, Family Neivspaper { tbe first and 
oldest in the AVorld. 

For fifty years it has held a leading place in the denomination and made 
good fight for the scriptural faith and piety brought to these shores by the 
Pilgrim Fathers. Increased strength has recently been added to its 
editorial and business staff, and its circulation doubled. It aims to excel 
in the purity of its doctrine, in its religious character, and in its reforma- 
tory, progressive and liberal spirit, and in its fullness and accuracy 
of news, both ecclesiastical and secular, both home and foreign. It seeks 
to meet all the necessity of the Some, rendering its patronage true econ- 
omy. Believing that the religious press must in future do much of the 
work formerly done by the pulpit, the undersigned has devoted his entire 
energies to this work, and invites the kind co-operation of his brethren, 
lay and clerical. The price is $2.50 per annum in advance. Address, 
"The Boston Recorder, No. 11, Cornhill, Boston." 
ELIHU P. MARVIN. 

€ret the Best. 

WEBSTER'S UNABRIDGED DICTIONARY, 

NEW IliliUSTRATED EDITION. 

THOROUGHLY REVISED AND MUCH ENLARGED. 

Every Family, Every Clergyman, Every Student, 

SHOULD HAVE 

WEBSTER'S NEW DICTIONARY, 

WITH 3,000 IliliUSTRATIONS. 

Call and examine, at any Boston bookstore. 

" In our opinion, it is the best Dictionary that either England or America can hoa&i."— National 
Quarterly Review, Oct. 1864. 
" No English scholar can dispense with this VTOT)s.."—BibliQtheca Sacra, Jan. 1865. 

NEW AND VALUABLE BOOKS. 

R£M£MB£R ME ; 

Or, The Holy Commnnion. 

By REV. RAY PALMER, D.D. 
102 pp., 12mo, $1.50. 
This book is intended to speak directly to the heart. It is sought to bring the great facts pertain- 
ing to Christ's work of redeeming by His death, which are set forth in the ordinance of the Holy 
Supper, into immediate contact with the religious sensibilities. 

" The most Sacred of all Sacred mysteries has never been treated with more fervor and compre- 
hensiveness than by the eloquent author, in this book."— jBosion Traveller. 
SCENES IN HAWAIIAN ISLANDS. 
238 pp. 16mo, $1.00. 
" One of the pleasantest little books we have seen in a long time. The children will get many 
new ideas and much useful information from its pages. The writer, who is a daughter of Rev. Dr. 
Andeison, visited the Islands with her father in 1863. The scenes she describes.all came under her 
personal observation."— ^os<o« Recorder. 

FROM DAWN TO DARK IN ITALY. 

440 pp., 12mo, $2.00. 
" A well written, carefully studied, and thrillingly interesting historical tale of the Italian Chris- 
tians of the Sixteenth Century. While it conveys much valuable information, it can not fail to 
deepen the faith, love, and zeal of the reader." — Boston Journal. 

WONDERFUL WORKS. 

281 pp. 16mo, $1.00. 
A very interesting book for the Sabbath school or family. The miracles of our Saviour, as illns- 
txated in a series of conversations between a Christian mother and her children. 

BEHOLD THE LAMB OF GOD. 

48 pages, 50 cts., paper covers, 6 cts. 
" A most earnest and eloquent invitation to the unconverted to come to Clirist. The book is a 
gem in its mechanical appearance as well as in its matter." — S. S, Times. 



N. BROUGHTON, JR., Depositary, 

28 Cornhill, Boston. 



WHEELER & WILSON'S 



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Important Denominational Tfork. 
NICHOLS & NOTES, 

No. 117 Washington Street, Boston, 

Have just published a Valuable and Timely Book entitled 

CONGREGATIONALISM: 

WHAT IT IS ; WHENCE IT IS ; HOW IT WORKS ; WHY IT IS BETTEB THAN 

ANY OTHER FORM OF CHURCH GOVERNMENT ; AND 

ITS CONSEQUENT DEMANDS. 

By Rev. HENRY M, DEXTER, 

Pastor of the Berkeley Street Congregational Church, Boston; Editor 

of the " Congregation ahst" ; and Senior Editor of 

the " Congregational Quarterly.'* 

One Vol., Octavo. Price $3.00. 

The Publishers feel confident that this book appears at an opportune moment, and 
that it will fully meet the demands of the clergy and laity as a thorough expression of 
Congregational polity. It is designed especially to treat the following points, viz : 

1. To define clearly what are the fundamental and secondary principles of Congregationalism. 

2. To show that it has proved itself equally adapted to every latitude and sphere of society. 

3. To develop the grounds of Scripture and Reason on which it rests. 

4. To place very thoroughly before the reader the testimony of Ecclesiastical History, and of 
Christian Literature, to the truth of its essential ideas 

5. To show what was the Congregationalism of our fathers. 

6. To show, in the compleiest and minutest manner, the proper method of the ordinary and 
special processes of Congregational! smi 

7. To set forth, by some minute comparison of details, as well" as by constant reference to 
principles, the actual superiority of Congregationalism to every other form of church government ; 
under which head many novel facts of great interest and value are cited. 

8. To point out the present duty of the Congregational Churches and Ministry, in view of al 1 
these considerations. 

It will be invaluable as a 

3VCAX1.-U.A.1 of Zl-efexrexxoo, 

And from its thoroughness of research, its large quotations from the " Fathers," and 
from its careful digest from a very extensive range of ancient and modem reading, 
it will prove an authority upon all important points, while in its completeness, it enters 
into all the minute details of the practical workings of the system. 

The author is well known to the public, and his peculiar advantages for writing a 
book of this kind are freely acknowledged. 

It is emphatically true that the questions and discussions of the present time de- 
mand of every man a clear understanding of his religious faith and practice. There- 
fore 

Every " Congregationalist" should own this Book, 

and make himself familax with the origin, nature, working principles and demands 
of his denomination. 

A carefully prepared Analysis, and a complete Index of subjects and names, add 
greatly to the value and availability of the book. 

For sale by all Booksellers, or sent post paid by the Publishers on receipt of price. 

NICHOLS & NOYES Pnblishers. 

117 Washington St., Boston. 

Messrs* N. & N, keep on hand the largest stock of MiscELLAiTEors and ITheo- 
LOOicAL Literature to be found in New England, which they will sell at their usual 
low prices. 



MASON & HAMLIN'S 



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FOR PARLORS, CHURCHES AND SCHOOLS. 

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Among those who have given; explicit testimony to this superiority of the CABINET ORGANS 
are such eminent Musicians as 



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WM. B. BRADBURY, 
WILLIAM MASON, 

JOHN ZUNDEL. 



And more than Two Hundred of the most Distingnished Organists of the Country. 

" It is the universal opinion of the mnsical profession," says Mr. Fry, the distinguished musical 
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"These instruments represent the highest accomplishments of industry in thi s department," 
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the Organists." 

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MR. GOTTSCHALK, the celebrated Pianist, declares it "worthy the high praise it has received , 
and sure to find its way into every household of taste and refinement which can possibly afford its 
moderate expense. " 

ILLUSTRATED CATALOGUES with full particulars sent free to any address. 

CAUTION TO PURCHASERS. The wide demand for our CABINET ORGANS has induced 
dealers in some cases, to advertise quite different instruments as Cabinet Oegans, and in others, 
to represent to purchasers that harmoniums and other reed organs are the same thing. This is 
not true. The excellencies of the CABINET ORGANS which have given them their high reputa- 
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Every CABINET ORGAN has upon its name-board in full, the words " MASON & HAMLIN 
CABINET ORGAN." When a dealer represents any other instrument as a Cabinet Organ, it is 
psually a mere attempt to sell an inferior instrument on which he can make a larger profit. 

FACTORIES, Boston and Cambridge, Mass. 

WAREROOMS, 274 Washington St., Boston; 596 Broadway, New York. 

Address MASOX & HAMLIN, Boston, 

or MASON BROTHERS, New York. 



TO PASTORS AND CHURCHES, 



SONGS FOR SOCIAL AND PUELTC 
WORSHIP. 

Competent judges pronounce this the most faultless and desirable collection of orig- 
inal and selected hymns and tunes, to be found in the whole range of sacred melody. 

The main work, edited and compiled " by a New England Pastor," contains three 
hundred and fifte n pages oi the best tunes ever brought together in one volume, 
and over twdce hundred hymns; and, for the purpose of congregational use in 
churches, is of pre-eminent excellence. 

The revised edition, by Rev. E. N. KIRK, D.D., printed on large, clear type, is in- 
tended more expressly for vestry or chapel use, and embraces two hundred and forty 
pages of music and over Jive hundred ndnpted hymns with eleven chants; and for 
the purpose of public, social and private worship, it is no extravagance to say these 
works stand unrivalled. The hymns are drawn with nice discrimination, from the 
rich stores of our social and lyric poetry, varied and beautiful in diction, living in sen- 
timent, and breathe out warmly tlie progressive, Christian spirit of the age in which 
we live. They are the sweetest and most elevated strains of Watts, Doddridge, Steele, 
Wesley, Montgomery, Stennet, Heber, Bowring.Kelley, Bonar, Noel, Edmeston, i^'c. of 
foreign lands, interspersed with the mstrical compositions of Dwight, Smith, Tappan, 
Hastings, Brown and others of our own country. They embody the whole range of 
Christian feeling and experunce, and constitute one of the choicest books of sacred 
poetry ever issued. 

It has been the simple aim of the compilers to meet the wants of the people, by 
bringing out the best chuich music known within their reach, and of honoring God 
by enkindling, through the power of social song, a livelier flame of devotion in the 
breasts of His worshipers. Pastors and churches who are interested in the religious 
progress of the age, especially snch as contemplate introducing a new HYMN AND 
TUNE BOOK, either for social or public worship, the publisher invites to a most 
careful examination of the work. If the opinions of those who have tested it by use 
are of any worth, he respectfully asks a perusal of the following commendations, which 
could be indefinitely multiplied were it needful : 

" The book seems to me to contain more that is excellent, with less that is useless, whether of 
hvmns or tunes, than any similar work," REV. W. GOODRICH. Cleveland, O. 

" I prefer it above all others I have seen, for the simplicity and familiarity of its tunes, the 
rugged, lyric character uf its hymns and the wide range of ijoth." 

REV. 0. S. STEARNS, Newton, Mass. 

" The tunes are among the very best issued in Christian worship, and especially well suited to 
the hymns that siaud with them." REV. E. P. IXGERSOLL, 0. 

" After careful examination and comparison with other works, I must say I prefer your book to 
any I have seen." REV. H. B. PaKMELEE, Wis. 

" For scope and richness of hymns, for the excellency of the selection, and adaptation of the 
tunes to the hymns, it is more perfect than any work 1 have ever seen." 

REV. T. P. SAWIX, N. H. 

" On the whole, I consider, ' Songs for Social and Public Worship' the best book for socia 
meetings [ have ever seen " REV. G. T. DOLE, Mass. 

" We like the ' Songs ' very much, and more and more as wc use them." 

REV. J. C. HOLBROOK, Homer, N. Y. 

" We believe this to be the best Hymn and Tune Book for the praj-er and conference meeting in 
existence." WISCOXSIK PCRIIAN- 

The " McsiCAL Pioneer," the ablest paper of the kind in the United States, in an extended 
notice of the work says ; " On the whole it is the best book for social and religious purposes we 
have ever examined." 

PRICE, I^arsre Edition $1 15. 

•* Kevlsed •• 90. 

IW The work may be returned at the expense of the publisher, and the money will be refunded 
if, after examination, the party ordering it desires to do to. Piease send for a copy on the termg 
named, before deciding on any other work._^El 

Fubli^lier, 

Ko. 9 CORXHILL, BOSTON. 




HALLET, DAVIS & CO., 



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PIANO-FORTES. 



"W th pleasure we inform the musical public that we are as;ain ble to supply the call for our Pianos. Since the burning of our ' 
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a liquid and b^ll liR,e tone that CHALLEXOES CO viPKriTlO V The aciiim of ihese instruments is the result of thirty years" skill i 
and expenence. and is at once light, e astic, powe faU and readily repeating. Thirly-two First Premiums have been awarded our 
Pianos, nine for Grands and Best I'arlor Grands, at 



BOSTON". 
NEW YORK. 
PHILADELPHIA. 



CINCINNATI, O. 
TRENTON, N.J. 
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HALIFAX. N. S. 
HARrFOKD, CT. 
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SYRACU.SE, N Y. 
OorDENSIJURG, N. Y. 



HARRISBUEG, PA. 
YORK. PA. 
SANDUSKY, O. 



Commendations from the Press, Musical Arilsts and Amateurs, and from Purchasers, in faror of our Pianos might be quoted indefifci 
nite'y. Every instrument is warranted for flee years. Second Hand Pianos taken in exchanse tor new. || 

I^T'A liberal discount made to Clergymen and Teachers, Churches and Schools. We a e maUinsr a Piano with the case of hard finish, 
Vtry suitable for Vestries and Schools. Illustrated Catalogues sent free to any address desiied._^t| \. 



'\717'AX'erooxi3.si 272 "^T^^slxlxxstoxa. Stireet, HBostoxx. 



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